Authority: High Court at Calcutta, Commercial Division
Order Date: 8 July 2026
Case Overview
- Petition filed by Tata Capital Limited under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator.
- Loan agreement dated 27‑Feb‑2024 for Rs 17,22,479 with repayment over 36 monthly instalments; default from the 18th instalment.
- Tata Capital issued termination notice on 25‑Nov‑2025 and arbitration notice under Section 21 on 12‑Feb‑2026.
- Court examined whether a valid arbitration agreement existed and concluded it did, deeming the matter fit for arbitration.
Final Outcome
- The Court appoints Mr. Rachit Lakhmani, Advocate (Mobile No. 9231826568), as the learned sole arbitrator.
- Appointment is subject to compliance with Section 12(5) of the Arbitration Act.
- Arbitrator’s remuneration to be fixed in accordance with the Fourth Schedule of the Act.
- All questions of arbitrability, admissibility, limitation, jurisdiction, etc., are left to the arbitrator.
- The petition is disposed of.
Topics: Arbitration, Loan Default