Authority: High Court of Judicature at Bombay, Commercial Division

Order Date: October 15, 2026

Case Overview

  • Parties: TruCap Finance Limited (Applicant) and Chemax Goods Private Limited (Respondent).
  • Underlying contract: Engagement Letter dated 10 January 2022, containing an arbitration clause (Clause 9) that governs disputes arising from the agreement.
  • Arbitration invoked: TruCap issued a notice of arbitration on 24 January 2026, thereby activating the arbitration clause.
  • Court findings: The Court affirmed the existence of a valid, subsisting arbitration agreement and confirmed that the notice properly invoked it, establishing the Court’s jurisdiction to refer the matter to arbitration.
  • Procedural directions: The Court appointed Ms. Radhika Kulkarni, Advocate of this Court, as the Sole Arbitrator. Her office address is Office No.12, 2nd Floor, Dariya Building, above Arti Book Depot, Fort, Mumbai; email: kulkarni,radhika317@gmail.com; contact: 99307 63403.
  • Communication requirements: Within one week, the Applicant’s advocates must forward a copy of this Order to the Sole Arbitrator and provide the arbitrator with the parties’ contact particulars. Both parties must furnish functional email addresses and telephone numbers of their respective advocates; service to these emails will constitute valid service.
  • Disclosure: The Sole Arbitrator must forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996, to the Applicant’s advocates for filing in the Court registry; a copy will also be provided to the Respondent’s advocates.
  • Cost allocation: All arbitration costs and fees of the Arbitral Tribunal shall be borne equally by the parties initially, subject to adjustment by any final award.
  • Further proceedings: The parties are to appear before the Sole Arbitrator on dates and locations to be fixed by the arbitrator for procedural directions, including schedule for pleadings, witness examination, and hearing dates. The arbitrator is empowered to adjudicate all claims, counter‑claims, and merits in accordance with law.

Final Outcome

  • The Court appoints Ms. Radhika Kulkarni as Sole Arbitrator to resolve the disputes arising out of the 2022 Engagement Letter between TruCap Finance Ltd and Chemax Goods Pvt Ltd.
  • Parties are directed to cooperate with the arbitrator, share contact details, and initially share arbitration costs equally, pending any award‑based adjustments.

Topics: Arbitration, Commercial Dispute, Court Order