Tata Motors Finance Limited v. D P Jain and Co. Infrastructure Pvt. Lt
Case brief
What is this about?
Consent reference to arbitration; Section 9 Arbitration and Conciliation Act 1996 petition finally disposed of; reference made without formal Section 11 application; proceedings converted into Section 17 proceedings; ADReS Now ODR institution directed to appoint sole arbitrator within two weeks; online/electronic arbitration unless otherwise agreed; seat deemed as per Agreement; arbitral costs shared equally in first instance subject to final Award; merits expressly kept open; Bombay High Court OOCJ; Commercial Arbitration Petition (CARBP) No. 62 of 2025 (508.CARBP.62.2025.doc); Tata Motors Finance Limited v. D. P. Jain And Co Infrastructure Pvt. Ltd. & Anr.; Somasekhar Sundaresan, J.; July 31, 2025.
What did the court decide?
Petition finally disposed of by consent: all disputes covered by the Petition referred to arbitration without a formal Section 11 application; proceedings converted into proceedings under Section 17 of the Act; ADReS Now directed to appoint a sole arbitrator (its Registry to appoint within two weeks of receipt of the Order); arbitration to be conducted online/electronic mode unless otherwise agreed; seat deemed the same as the seat discernible from the Agreement; arbitral costs and fees borne equally in the first instance subject to final Award on costs; all merits issues expressly kept open before the Arbitral Tribunal.