M/S Aditya Birla Capital Ltd. v. M/S Lokenath Enterprise and Ors.
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996; appointment of sole arbitrator; Clause 22 Facility Agreement dated August 23, 2023; lender-appointed arbitrator mechanism said impermissible; loan termination on repayment default; demand cum termination notice November 5, 2025 for Rs. 31,21,691.67 with interest; arbitration clause invoked April 10, 2025; seat Delhi or lender's discretion; Kolkata jurisdiction chosen by lender; respondent agreed to Kolkata seat, claims called unsustainable and beyond agreement; dispute referred to sole Arbitrator Smt. Anamika Pandey; arbitrability, admissibility, limitation kept open; Section 12 compliance; remuneration per Schedule; AP-COM/480/2025; Commercial Division, High Court at Calcutta; Justice Shampa Sarkar; 20th November 2025.
What did the court decide?
Appointment of Smt. Anamika Pandey, learned Advocate, as sole Arbitrator; dispute referred to arbitration; respondents' points on arbitrability, admissibility of claims and limitation kept open; Arbitrator to comply with Section 12 of the Arbitration and Conciliation Act, 1996 and may fix remuneration per the Schedule of the Act.