Adani Capital Pvt. Ltd. v. I T Distributor
Case brief
What is this about?
Section 11 appointment of arbitrator; scope of review under Section 11(6A) limited to existence of a validly executed arbitration agreement; existential substance left to arbitral tribunal under Section 16; relied on In Re: Interplay (2024) 6 SCC 1 (seven-judge bench), SBI General Insurance Co. Ltd. v. Krish Spinning (2024 SCC OnLine SC 1754), Ajay Madhusudan Patel v. Jyotrindra S. Patel (2024 SCC OnLine SC 2597); ex parte — respondents not in appearance; arbitration invoked 23 May 2023; facility agreement and letters of guarantee dated 30 August 2019; working capital term loan facility agreement dated 14 December 2021; ADReS Now ODR institution to appoint sole arbitrator; online arbitration; costs shared equally in first instance; seat as per agreement; merits kept open; Bombay High Court ARBAP No. 91 of 2025; Somasekhar Sundaresan, J.; decided 25 June 2025.
What did the court decide?
Application finally disposed of by referring the disputes to a Sole Arbitrator: ADReS Now (ODR institution) directed to appoint the sole arbitrator and administer the arbitration within two weeks of receiving the Order; proceedings primarily online; parties to share arbitral costs and fees equally in the first instance; seat deemed to be the same as the seat discernible from the Agreement; Applicant to communicate the Order to ADReS Now within one week of upload.