Calcutta High Court
Tata Capital Limited vs Sanjay Kumar Agarwal on 20 April, 2026
OCD-35
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
AP-COM/252/2026
TATA CAPITAL LIMITED
VS
SANJAY KUMAR AGARWAL
BEFORE:
The Hon'ble JUSTICE GAURANG KANTH
Date : 20th April, 2026.
Appearance:
Ms. Soni Ojha, Adv.
Mr. Pranit Biswas, Adv.
...for the petitioner
The Court: Affidavit of service is taken on record.
The present arbitration petition has been filed under Section 11 of the
Arbitration and Conciliation Act, 1996, seeking constitution of an Arbitral
Tribunal comprising of a sole Arbitrator to adjudicate the disputes between
the parties.
Learned Counsel for the petitioner submits that the respondent
availed a loan facility from the petitioner to the tune of Rs.15,19,071/- vide
loan agreement dated 28.06.2024.
The respondent agreed to repay the said loan with interest in 36
(Thirty-Six) monthly instalments. The respondent committed defaults from
the 12th instalment.
2
In view thereof, the petitioner vide notice dated 17.10.2025,
terminated the contract between the parties and called upon the respondent
to clear the outstanding dues of Rs.11,71,999/-.
Despite receipt of the said notice, the respondent failed to liquidate
the outstanding amount. The respondent was served with a notice under
Section 21 of the Act, dated 12.02.2026. Despite receipt of the said notice,
the respondent failed to respond to the same.
In the aforesaid circumstances, the petitioner has approached this
Court seeking appointment of a sole arbitrator to adjudicate the dispute
between the parties arising out of the alleged default in repayment of the
loan amount.
The notice invoking arbitration was issued on 12.02.2026. Prima
facie, it appears that disputes have arisen between the parties in terms of
the loan agreement dated 28.06.2024 which contains an arbitration clause.
This Court has jurisdiction to entertain the present petition in terms of the
arbitration clause. Accordingly, this Court is satisfied that the present case
is a fit case for reference to arbitration.
Accordingly, this Court appoints Ms. Shohini Chakrabarty, Advocate
(Mobile No. 9231661008) as the sole Arbitrator to adjudicate the disputes
between the parties.
All questions relating to arbitrability of the dispute, admissibility of
the claims, limitation and other issues are kept open to be urged before the
learned Sole Arbitrator.
The appointment of 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 at liberty to fix the remuneration
in accordance with the Fourth Schedule of the said Act.
A copy of this order shall be communicated by the petitioner to the
learned sole Arbitrator for necessary action.
With the aforesaid directions, the present petition stands disposed of.
(GAURANG KANTH, J.)
S. A.
AR (CR)