Authority: High Court at Calcutta, Commercial Division (Original Side)
Order Date: 8 July 2026
Case Overview
- Petition filed by Tata Capital Limited (NBFC, successor to Tata Capital Financial Services Ltd) under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator.
- Dispute arises from an Agreement for Channel Finance MSME dated 27 May 2025, wherein Tata Capital extended a loan of Rs. 18,50,000 at 13% p.a. for twelve months, disbursed to Life Telecom (proprietorship dealing in Samsung mobile phones).
- Life Telecom defaulted on repayment schedule; Tata Capital issued a recall notice on 18 March 2026 and invoked the arbitration clause by notice under Section 21 on 31 March 2026.
- Respondent failed to cooperate in constituting the arbitral tribunal, prompting the petition.
Court Findings
- The Court reiterated that Section 11 jurisdiction is limited to prima facie examination of the existence and validity of the arbitration agreement.
- Clause 17 of the May 27, 2025 agreement contains a valid arbitration agreement; the disputes relate directly to alleged repayment defaults and are prima facie arbitrable.
- Accordingly, the requirements of Section 11(6) are satisfied.
Final Outcome
- The Court appoints Mr. Sayak Mitra (Advocate, Mobile No. 8902005746) as the sole arbitrator to adjudicate the disputes.
- The arbitrator shall enter a reference in compliance with Section 12(5) of the Act and fix his remuneration as per the Fourth Schedule of the Act.
- All questions concerning arbitrability, admissibility, limitation, jurisdiction, and other issues are left to be addressed by the appointed arbitrator.
- The petition is disposed of with the above directions.
Topics: Arbitration Appointment, NBFC Credit Dispute