Bombay High Court
TATA CAPITAL LIMITEDversusNAVIN GUPTA PROPRIETOR OF SAI WIRES
- Decided
- Disposal
- DISPOSED OFF
Holding
The application is accepted without adjudication, pending the borrower’s performance, and may be revived upon default.
Summary
The applicant, Tata Capital Limited, submitted an arbitration application against Navin Gupta, proprietor of Sai Wires, seeking enforcement of a payment proposal. The applicant’s counsel stated that the proposal had been accepted by the borrower, but acceptance was conditioned upon the borrower making the agreed payments. The court noted that, given the conditional acceptance, there was no basis to adjudicate the matter at this stage. Consequently, the court accepted the request without making any substantive determination. The court further held that if the borrower defaults on the payments, the applicant may revive the present application or file a fresh one.
Issues considered
- What is the appropriate disposition of the arbitration application when the proposal is accepted subject to performance?
- Whether the applicant may revive or re‑file the application in case of the borrower’s default?
Subjects
- Arbitration
- Commercial Law
- Contract
- Default
- Application
- High Court
Judgment
4-CARAP-228-2026.doc
Vivekanand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
VIVEKANAND
ORDINARY ORIGINAL CIVIL JURISDICTION
VIVEKANAND RAJENDRA
RAJENDRA
BONDE
BONDE
Date:
IN ITS COMMERCIAL DIVISION
2026.09.02
17:13:37
+0530
COMM ARBITRATION APPLICATION NO. 228 OF 2026
Tata Capital Limited … Applicant
V/s.
Navin Gupta Proprietor Of Sai Wires … Respondent
Adv. Shavez Mukri i/b A & G Legal Associates LLP for
the Applicant.
CORAM : AMIT BORKAR, J.
DATED : September 2, 2026
P.C.:
1. The learned Advocate for the Applicant states that the
proposal furnished by the Borrower has been accepted by the
Applicant. He further states that such acceptance is subject to the
Borrower making the payments as agreed to in the said proposal.
2. In view of the above, the request is accepted and nothing is
adjudicated upon in the Application.
3. However, if the borrower commits any default, it shall be
open to Applicant to revive the present Application or to file a
fresh Application.
(AMIT BORKAR, J.)
1
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