2024:BHC-OS:16394 IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by TRUSHA TRUSHATUSHAR TUSHARMOHITE ORDINARY ORIGINAL CIVIL JURISDICTION MOHITE Date:

2024.10.15

18:39:27 +0530 IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO.168 OF 2023 Tata Capital Limited .. Applicant Versus Priyanka Communications (India) Pvt. Ltd.

And Ors. .. Respondents Mr.Rohan Savant a/w Mr.Sachin Chandarana a/w Mr.Aagam Mehta a/w Mr.Amol Rasal i/b M/s.Manilal Kher Ambalal & Co. Advocate for the Applicant.

Mr.Pankaj Sawant, Sr.Counsel a/w Mr.Jehaan Mehta, Mr.Rehmat Lokhandwala, Mr.Hrishikesh Nadkarni and Mr.Premlal Krishnan i/b M/s.PAN India Legal Services LLP, Advocate for the Respondents.

CORAM: FIRDOSH P. POONIWALLA, JJ.

RESERVED ON: SEPTEMBER 12, 2024 PRONOUNCED ON: OCTOBER 15, 2024 JUDGEMENT :

1. This Application is filed under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking appointment of an Arbitrator under the Arbitration Agreement contained in the Sanction Letter dated 19^th August 2019 signed between the parties.

2. The case of the Applicant is as follows:

a) In 2015, Respondent No.1 approached the Applicant requesting it to grant fi