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2022 Supreme(Online)(Bom) 3221

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE G. S. KULKARNI
TATA CAPITAL FINANCIAL SERVICES LIMITED – Appellant
Versus
KUNAL STRUCTURE (INDIA) PRIVATE LIMITED AND 3 ORS. – Respondent


Vidya Amin IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 6 OF 2022 WITH ARBITRATION PETITION NO. 10 OF 2022 WITH ARBITRATION PETITION NO. 12 OF 2022 WITH COMMERCIAL ARBITRATION PETITION NO. 21 OF 2022 Tata Capital Financial Services Ltd. .. Petitioner Vs.

Kunal Structure (India) Pvt. Ltd. & Ors. .. Respondents Mr. Aseem Naphade a/w. Mr. Nikhil Mehta i/b. KMC Legal Venture for the petitioner.

Mr. Vishwas Shah a/w. Akshay Shah, Mr. Raj Adhia for the respondents.

CORAM : G.S. KULKARNI, J.

DATE : MAY 2, 2022.

ORAL ORDER

1. These are four petitions filed under section 9 of the Arbitration and Conciliation Act, 1996 (for short “the Act”) whereby the petitioner, which is a non-banking financial company and which has granted loans to respondent no. 1 for the purpose of acquiring different construction equipments/vehicles, is before the Court praying for interim measures pending the arbitral proceedings.

2. The facts in relation to these petitions are similar. For convenience and as agreed between the parties, the facts in Arbitration Petition no. 6 of 2022 being the lead matter can be referred. The petitioner is involved in the business of

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