Tata Capital Limited vs Rakesh Enterprises on 8 April, 2026

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    Calcutta High Court

    Tata Capital Limited vs Rakesh Enterprises on 8 April, 2026

    OCD-22
                                   ORDER SHEET
    
                        IN THE HIGH COURT AT CALCUTTA
                             COMMERCIAL DIVISION
                                 ORIGINAL SIDE
    
    
                                 AP-COM/215/2026
    
                               TATA CAPITAL LIMITED
                                        VS
                               RAKESH ENTERPRISES
    
      BEFORE:
      The Hon'ble JUSTICE GAURANG KANTH
      Date : 8th April, 2026.
    
                                                                         Appearance
                                                            Mr. Avishek Guha, Adv.
                                                            Ms. Arunika Dutta, Adv.
                                                        Ms. Ankush Majumder, Adv.
                                                                     ...for petitioner
    
    
          The Court:- Affidavit of service is taken on record.
    
          Despite service, none appears for the respondent.

    The petitioner has preferred the present petition under Section 11 of

    the Arbitration and Conciliation Act, 1996, seeking constitution of an

    SPONSORED

    Arbitral Tribunal comprising of a sole Arbitrator to adjudicate the dispute

    between the parties.

    Learned Counsel for the petitioner submits that the respondent

    availed loan facility in the form of Channel Finance from the petitioner to the

    tune of Rs.25,00,000/- under sanction letter dated 23.11.2024 and Loan-

    cum-Guarantee Agreement for Channel Finance dated 28.11.2024 read with

    the Registered Master Terms and Conditions for Channel Finance dated

    31.12.2018.

    2

    It is submitted that the respondent committed defaults in adhering to

    the repayment schedule and hence his account was classified as an NPA.

    In view thereof, the petitioner vide loan recall and invocation of

    arbitration letter dated 10.10.2025 terminated the contract between the

    parties and called upon the respondent to clear the outstanding dues.

    Despite receipt of the said notice the respondent failed to liquidate the

    outstanding amount.

    The dispute between the parties has arisen out of the alleged default

    in repayment of the admitted loan amount. The notice invoking the

    arbitration was issued on 13.12.2025.

    Prima facie it appears that disputes have arisen between the parties in

    terms of the Loan cum Guarantee Agreement for Channel Finance dated

    28.11.2024 read with the Registered Master Terms and Conditions for

    Channel Finance agreement dated 31.12.2018, which contains an

    arbitration clause thereof.

    Accordingly, this Court is satisfied that the present case is a fit case

    for reference to arbitration. The agreement itself confers jurisdiction upon

    this Court.

    Accordingly, this Court appoints Mrs. Shrayashee Das, Advocate

    (Mob. No.8420004462) as the sole Arbitrator to adjudicate the dispute

    between the parties.

    The appointment the learned sole Arbitrator shall be subject to

    compliance with Section 12 of the Arbitration and Conciliation Act, 1996.
    3

    The Learned sole Arbitrator shall be entitled to fix the remuneration in

    accordance with the Fourth Schedule of the Act.

    A copy of this order shall be communicated by the petitioner to the

    learned sole Arbitrator for necessary action.

    All the questions relating to arbitrability of the dispute, admissibility

    of the claims, limitation or any other issues are kept open to be urged before

    the learned sole Arbitrator.

    With the aforesaid directions, the present petitioner stands disposed

    of.

    (GAURANG KANTH, J.)

    gb.



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