Consent order setting aside multiple arbitral awards passed by unilaterally appointed arbitrators. Disputes referred afresh to a sole arbitrator appointed through the Mumbai Centre for International Arbitration under its Institutional Rules; all issues on merits kept open; interim applications also disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
506-IA-2996-2024 @ Ors copy.docx
Digitally PURTI signed byPURTIPRASAD PRASAD PARAB PARAB Date:2025.04.08 15:14:32 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 2996 OF 2024 IN
ARBITRATION PETITION NO. 65 OF 2024
Asha Construction and Anr. In the matter between : Asha Construction and Anr.
…Applicants
…Petitioners
Versus
Tata Motors Finance Limited …Respondent
ALONGWITH INTERIM APPLICATION NO. 2711 OF 2024 IN ARBITRATION PETITION NO. 69 OF 2024 ALONGWITH ARBITRATION PETITION NO. 69 OF 2024 ALONGWITH ARBITRATION PETITION NO. 74 OF 2024 ALONGWITH INTERIM APPLICATION NO. 2997 OF 2024 IN
ARBITRATION PETITION NO. 74 OF 2024 ALONGWITH
ARBITRATION PETITION NO. 72 OF 2024
ALONGWITH INTERIM APPLICATION NO. 2710 OF 2024
IN
ARBITRATION PETITION NO. 72 OF 2024
ALONGWITH
ARBITRATION PETITION NO. 71 OF 2024
ALONGWITH INTERIM APPLICATION NO. 2709 OF 2024 IN
ARBITRATION PETITION NO. 71 OF 2024
ALONGWITH ARBITRATION PETITION NO. 66 OF 2024
ALONGWITH
INTERIM APPLICATION NO. 2679 OF 2024 IN
ARBITRATION PETITION NO. 66 OF 2024
ALONGWITH
ARBITRATION PETITION NO. 86 OF 2024
ALONGWITH
INTERIM APPLICATION NO. 2995 OF 2024
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March 24, 2025
506-IA-2996-2024 @ Ors copy.docx
IN
ARBITRATION PETITION NO. 86 OF 2024 ALOGNWITH ARBITRATION PETITION NO. 73 OF 2024 ALONGWITH INTERIM APPLICATION NO. 2994 OF 2024 IN ARBITRATION PETITION NO. 73 OF 2024 ALONGWITH ARBITRATION PETITION NO. 68 OF 2024 ALONGWITH INTERIM APPLICATION NO. 2678 OF 2024 IN ARBITRATION PETITION NO. 68 OF 2024
Mr. Ankit Signal (Through V.C) a/w Mr. Piyush Pande for the Applicant/Petitioner.
Mr. Iraa Dube Patil a/w Mr. Ramesh Dube Patil, Mr. Ashish Gabhale i/b jay & Co. for the Respondents in ARBP Nos.65, 68, 73, 86, 66, 71, 72, 74 and 69 of 2024.
CORAM : SOMASEKHAR SUNDARESAN, J. DATE : MARCH 24, 2025
PC :
submissions, Learned Counsel for the Respondent submits that without expending further judicial time in the matter, she has instructions to submit to the awards impugned in these Petitions be set aside by consent of the parties, sending disputes afresh to an independently-appointed Arbitral Tribunal, since the awards are products of arbitration conducted by unilaterally appointed arbitrators.
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Purti Parab
506-IA-2996-2024 @ Ors copy.docx
agreements under reference in the aforesaid awards for conduct of the arbitration afresh by a sole arbitrator in the following terms :
A] The disputes and differences covered by these Petitions are hereby referred to the Mumbai Centre for International Arbitration (https://mcia.org.in), in terms of its Institutional Arbitration Rules, to appoint an appropriate arbitrator to adjudicate upon the disputes and differences between the parties covered by these Petitions and administer the same;
B] A copy of this Order will be communicated to the Mumbai Centre for International Arbitration by the Advocates for the Petitioners from the date on which this order is uploaded on the website of this Court. The Petitioners shall provide the contact and communication particulars of the parties to the Centre along with a copy of this Order;
C] The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Advocates for the Petitioners so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of these Petitions and a copy of the same shall be furnished by the Advocates for the Petitioners to the Respondents;
D] The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers of the respective
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506-IA-2996-2024 @ Ors copy.docx
Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration;
E] All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.
4. All Petitions are finally disposed of in the above terms.
[SOMASEKHAR SUNDARESAN, J.]
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Purti Parab
1 issue framed by the court
Whether arbitral awards passed by unilaterally appointed arbitrators could be set aside by consent with disputes referred afresh to an independent tribunal.
1 provisions across 1 enactments
Asha Construction
Tata Motors Finance Limited
Somasekhar Sundaresan
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
