Tata Capital Limited vs K K Birla and Co. — Bombay HC (2025) — LawSathi Research

Tata Capital Limited vs K K Birla and Co. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Substitution of the earlier Sole Arbitrator: Ms. Sneha Phene, a Learned Advocate of this Court, appointed as substitute Sole Arbitrator on the same terms as the earlier Arbitrator; CARAPL/28798/2025, CARAPL/28774/2025 & CARAPL/28801/2025 finally disposed of; Commercial Arbitration Petition No.728 of 2025 stood over to September 29, 2025 along with the corresponding Section 11 Application (L) No.28764 of 2025.

Issue for consideration

Whether the earlier-appointed Sole Arbitrator, being unable to continue as an Arbitrator as a matter of law, should be substituted, and on what terms.

Court's answer

Taking the statement on record that the Learned Sole Arbitrator appointed in the matter is unable to continue as an Arbitrator as a matter of law, the Court substituted Ms. Sneha Phene, a Learned Advocate of this Court, as the substitute Sole Arbitrator.

Ratio / Principle

The terms of appointment of the substituted Sole Arbitrator are the same as those of the earlier Arbitrator, and the parties are to approach the substitute Sole Arbitrator for further instructions in the matter.

Key takeaways

With the aforesaid directions, CARAPL/28798/2025, CARAPL/28774/2025 & CARAPL/28801/2025 are finally disposed of.ratio¶22
Commercial Arbitration Petition No.728 of 2025 is stood over to September 29, 2025, to come up along with the corresponding Section 11 Application, i.e. Commercial Arbitration Application (L) No.28764 of 2025.ratio¶15
All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on the Court's website.

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Somasekhar Sundaresan, J., September 16, 2025: On the statement that the Learned Sole Arbitrator earlier appointed in the commercial arbitration matters between Tata Capital Limited (Applicant) and K. K. Birla and Co. & Ors. (Respondents) was unable to continue as an Arbitrator as a matter of law, the Court took the statement on record and substituted Ms. Sneha Phene, a Learned Advocate of this Court, as the substitute Sole Arbitrator. The terms of appointment of the substituted Sole Arbitrator were kept the same as those of the earlier Arbitrator, and the parties were directed to approach her for further instructions. With these directions, Commercial Arbitration Applications (L) Nos. 28798, 28774 and 28801 of 2025 were finally disposed of. Separately, Commercial Arbitration Petition No.728 of 2025 (not on board) was stood over to September 29, 2025, to be heard along with the corresponding Section 11 Application, i.e. Commercial Arbitration Application (L) No.28764 of 2025. All actions under the order were to be taken upon receipt of a downloaded copy from the Court's website.

918.CARAPL.28798.2025.doc (corrected).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

COMMERCIAL ARBITRATION APPLICATION (L) NO.28798 OF 2025 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO.28764 OF 2025 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO.28774 OF 2025 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO.28801 OF 2025

Tata Capital Limited ….Applicant

Versus

K. K. Birla and Co. & Ors. ....Respondents

WITH

COMMERCIAL ARBITRATION PETITION NO.728 OF 2025 (NOT ON BOARD)

Ms. Sanaya Dadachanji a/w. Resham Savla i/b. Manilal Kher Ambalal & Co., Advocates for Petitioner in all Petitions.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : SEPTEMBER 16, 2025

ORDER :

1. Commercial Arbitration Petition No.728 Of 2025 is stood over to

September 29, 2025. To come up along with corresponding Section 11 Application i.e. Commercial Arbitration Application (L) No.28764 of 2025.

(This Order is corrected pursuant to speaking to the minutes of order dated November 7, 2025)

Page 1 of 2

SEPTEMBER 16, 2025

Aarti Palkar

918.CARAPL.28798.2025.doc (corrected).doc

The Learned Sole Arbitrator appointed in the matter is unable to continue as an Arbitrator as a matter of law. In these circumstances, substitution is necessitated.

Taking the aforesaid statement on record, the earlier Arbitrator is hereby substituted by the Ms. Sneha Phene, a Learned Advocate of this Court: [email protected]) as the substitute Sole Arbitrator. The parties shall approach the Learned Sole Arbitrator for further instructions in the matter. The terms of appointment of the substituted Sole Arbitrator shall be the same as the earlier Arbitrator. With the aforesaid directions, CARAPL/28798/2025, CARAPL/28774/2025 & CARAPL/28801/2025 are finally disposed of .

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website.

[ SOMASEKHAR SUNDARESAN, J.]

(This Order is corrected pursuant to speaking to the minutes of order dated November 7, 2025)

Page 2 of 2 SEPTEMBER 16, 2025

Aarti Palkar