Trucap Finance LtdversusIntergen Manglam JV

                                                     29-carap-365-2026.doc


Shabnoor
         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             ORDINARY ORIGINAL CIVIL JURISDICTION
                  IN ITS COMMERCIAL DIVISION

        COMM ARBITRATION APPLICATION NO. 365 OF 2026

Trucap Finance Ltd                          … Applicant
           V/s.
Intergen Manglam JV                         … Respondent

Mr. Kaustubh Gupte a/w Ms. Manali Gogri, Rashi Soni,
for the Applicant.


                            CORAM      : AMIT BORKAR, J.

                            DATED      : SEPTEMBER 24, 2026
P.C.:
1.      The present Application has been filed under Section 11 of
the Arbitration and Conciliation Act, 1996 (“the Act”), seeking the
appointment of an Arbitrator for adjudication of the disputes and
differences stated to have arisen between the parties under seven
Business Loan Agreements dated 30 December 2024. The
arbitration agreements between the parties are contained in Clause
36 of the said Agreement. In the interest of brevity, the said
arbitration clause is not reproduced herein. It would suffice to
observe that the present Application falls within the jurisdiction of
this Court.

2.      The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 2 March 2026.

3.      Upon perusal of the material placed on record, it is evident
that the arbitration agreement has been duly invoked by the



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Applicant.

4.    This Court is satisfied that a valid and subsisting arbitration
agreement exists between the parties and that the said agreement
has been duly invoked. It would, therefore, be appropriate to refer
the disputes and differences arising out of or in connection with
the aforesaid seven Business Loan Agreements dated 30 December
2024 to arbitration before a Sole Arbitrator.

5.    In the aforesaid circumstances, the present Application under
Section 11 of the Act, is deserved to be disposed of in terms of the
following order:

     A)      Lizum. Wangdi, is hereby appointed as the Sole
     Arbitrator to adjudicate upon the disputes and differences
     between the parties arising out of and in connection with the
     Agreements referred to above;

     Office Address:- 205, 2nd Floor, Arcadia, NCPA Marg,
     Nariman Point, Mumbai – 400 021.

     Email – [email protected]
     B)      A copy of this Order will be communicated to the
     Learned Sole Arbitrator by the Advocates for the
     Applicant within a period of one week from today. The
     Applicant shall provide the contact and communication
     particulars of the parties to the Arbitral Tribunal along
     with a copy of this Order;

     C)      The Learned Sole Arbitrator is requested to
     forward the statutory Statement of Disclosure under




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Section 11(8) read with Section 12(1) of the Act to the
Advocates for the Applicant so as to enable them to file
the same in the Registry of this Court. The Registry of
this Court shall retain the said Statement on the file of
this Applicant and a copy of the same shall be furnished
by the Advocates for the Applicant to the Advocates for
the Respondent;

D)   The Learned Sole Arbitrator is requested to
forward the statutory Statement of Disclosure under
Section 11(8) read with Section 12(1) of the Act to the
parties within a period of two weeks from receipt of a
copy of this Order;

E)   The parties shall appear before the Learned Sole
Arbitrator on such date and at such place as may be
indicated by the Learned Sole Arbitrator, for obtaining
appropriate directions with regard to the conduct of the
arbitral proceedings, including fixing the schedule for
filing of pleadings, examination of witnesses, if any, and
dates of hearing. At such meeting, the parties shall
furnish to the Arbitral Tribunal valid and functional
email addresses, together with the mobile and landline
telephone numbers of their respective Advocates.
Communications sent to the said email addresses shall
constitute valid service of correspondence in connection
with the arbitral proceedings.

F)   All arbitral costs and fees of the arbitration and of
the Arbitral Tribunal shall be borne by the parties equally



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     in the first instance. The same shall, however, remain
     subject to any final Award that may be passed by the
     Arbitral Tribunal in relation to costs.

6.    The Learned Sole Arbitrator shall be at liberty to adjudicate
upon the claims and counterclaims, if any, and to determine all
questions relating to merits, in accordance with law.

7.    All actions required to be taken pursuant to this order shall
be taken upon receipt of a downloaded copy as available on this
Court’s website.

                                               (AMIT BORKAR, J.)




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