HAMID D.
MULLA
B.A, LL.B.
(Sole Arbitrator)
Ref No. :- AXIS/OMG/INS/ARB/PL/LOT-01/209 DATE:03.10.2024
BY RPAD/HAND DELIVERYEMAIL/WHATSAPP/SMS
CONSENT & DIRECTION LETTER
To,
SETLEN ARBITRATION AND DISPUTE
RESOLUTION FORUM
D-9, Ground Floor, Sector-3,
Gautam Buddha Nagar, Noida – 201301.
Ref No.: - In the matter of arbitration no. AXIS/OMG/INS/ARB/PL/LOT-01/209 between:
AXIS BANK LTD. …Claimant
V/s
ABHINAY PANDEY ...Respondent
Subject: Acceptance of the Arbitral Reference to act as a Sole Arbitrator.
Dear Sir/Madam,
That the undersigned has been appointed as a Sole Arbitrator by Setlen Arbitration And
Dispute Resolution Forum (“Setlen”) vide its letter dated 26.09.2024 for adjudication of
disputes/claims/differences arising out of the Loan Agreement bearing Reference No.
PPR064705861727. Accordingly, I hereby accord my consent to my appointment to act as the Sole
Arbitrator and make the following disclosures in accordance with Sec. 12 (1) (b) read with The Fifth
Schedule of the amended Arbitration & Conciliation Act, 1996 (Duly amended in the year 2021).
DISCLOSURE IN THE FORMAT AS PROVIDED UNDER THE SIXTH SCHEDULE OF
ARBITRATION AND CONCILIATION ACT, 1996 and (AMENDMENT) ACT, 2021.
1) Name: HAMID MULLA
Office Address: 2nd Floor, National Insurance Building, D. N. Road, Above Hotel
Suvidha, Fort Mumbai – 400001.
2) Prior Experience (including Experience with Arbitration): The undersigned declares that he
is an Advocate since 13 Years having vast experience in the legal proceedings including
Arbitration.
3) Number of ongoing Arbitrations: 241 Number of Arbitration proceedings are pending and
ongoing wherein I am appointed as the Sole Arbitrator by the Claimant.
4) It is further clarified that there is no other relationship with or interest in any of the parties or
in relation to the subject matter in dispute, whether financial, business, professional or other
kind, which is likely to give rise to justifiable doubts as to my independence or impartiality.
Office Address: 2nd Floor, National Insurance Building, D. N. Road, Above
Hotel Suvidha, Fort Mumbai – 400001
HAMID D. MULLA
B.A, LL.B.
(Sole Arbitrator)
Ref No. :- AXIS/OMG/INS/ARB/PL/LOT-01/209 DATE:03.10.2024
5) I further declare that there are no circumstances as mentioned under Seventh Schedule which
are likely to affect my ability to devote sufficient time to the arbitration and in particular, my
ability to finish the entire arbitration within twelve months.
I, the undersigned, therefore, accepts the nomination/reference and issues the following
directions:
1. The Arbitration Proceedings shall be conducted at Office: 2nd Floor, National Insurance
Building, D. N. Road, Above Hotel Suvidha, Fort Mumbai – 400001.
2. First Hearing of the matter is fixed on 25-10-2024 between 05:30 pm to 06:30 pm at the
abovementioned office address and alternatively via video conference.
3. The Claimant is directed to file their Statement of Claim along with Interim Application (if
any), supported with an Affidavit within 2 (Two) weeks from the consent date stating the
facts supporting their claims, the points at issue and the reliefs or remedies sought. The
Claimant is further directed to simultaneously serve copies of the Claim Statement along
with the compilation of documents to the Respondent by RPAD.
4. The Respondent hereinabove, is/are directed to file their statement of defense along with
relevant supporting documents within a period of 2 (Two) weeks from the date of receipt of
the Statement of Claim and simultaneously, serve a copy of the same to the Claimant through
RPAD, prior to the hearing date.
5. The Claimant is further directed to file their Rejoinder, if any on the Defense/Reply as may
be filed by the Respondent within a period of 8 days from the receipt of the same and
simultaneously, serve a copy of the same to the Respondent on their address by RPAD and
by email, if available as provided by the Respondent.
6. The Language employed during the conduct of the arbitration proceedings shall be “English
Only”. The Arbitral Tribunal shall not be bound by the Code of Civil Procedure, 1908 (5 of
1908) or the Indian Evidence Act, 1872 (1 of 1872).
7. The place of Arbitration proceedings shall be Mumbai. All the correspondence with regards
to the Arbitration proceedings shall be made at Office: 2nd Floor, National Insurance
Building, D. N. Road, Above Hotel Suvidha, Fort Mumbai – 400001
Special Instructions with respect to video conferencing through zoom application:
1. The link of video conferencing through zoom application is mentioned below
Zoom Link:
https://us05web.zoom.us/j/84549352469?pwd=uLQ9L6iCSsaEQJEW4JPzVVwPE6a6Cl.1
Id: 845 4935 2469
Pass: tbtk49
2. The Claimant and Respondent shall file duly signed soft copies in PDF format of their
Statement of Claim and Statement of Defence or rejoinder if any along with compilation of
documents to be relied upon and/or any application under the Arbitration and Conciliation
Act, 1996 on official Email ID of undersigned as mentioned herein below
Office Address: 2nd Floor, National Insurance Building, D. N. Road, Above
Hotel Suvidha, Fort Mumbai – 400001
HAMID D. MULLA
B.A, LL.B.
(Sole Arbitrator)
Ref No. :- AXIS/OMG/INS/ARB/PL/LOT-01/209 DATE:03.10.2024
3. If any of the parties would like to appear through advocate(s) or representative(s) vide video
conferencing, then proper Power of Attorney / Vakalatnama or Authority Letter would be
required to be filed in soft copy in PDF format along with copy of Photo ID Card of such
Attorney/ Advocate on my official Email ID given below.
“The official E-mail ID of Arbitrators office
[email protected]4. The Arbitration proceeding would be conducted by observing the fundamental principles of
natural justice, consistent with the provisions of Rules of Setlen and The Arbitration and
Conciliation Act, 1996. The Proceeding shall be conducted on the basis of documents, other
materials produced by both the parties and if required the oral arguments. Oral hearing would
be given on the request by the parties.
5. Both the parties are required to provide their email address for the purpose of further
communications.
6. To experience a good conference during multiparty hearing, please maintain discipline by
speaking one party at a time.
7. Recording/Copying/storing and/or broadcasting, by any means, of the V.C. arbitral
Proceeding/hearing in Video/audio and/or any other form is strictly prohibited.
8. The parties are hereby directed to remain present in the proceedings either on-line or
physically on the given date and time at the aforementioned office address, either in-person
or through their authorized representative/advocate. On failure to remain present, the matter
will be heard and decided ex-parte, without any further reference to either of the parties.
9. It is specifically clarified that no oral /written communication by any of the parties, in
lieu/instead of appearance before the tribunal shall be entertained/considered.
Given on this 03.10.2024 under my hand and signature.
Yours Truly,
HAMID MULLA
(SOLE ARBITRATOR)
Office Address: 2nd Floor, National Insurance Building, D. N. Road, Above
Hotel Suvidha, Fort Mumbai – 400001
HAMID D. MULLA
B.A, LL.B.
(Sole Arbitrator)
Ref No. :- AXIS/OMG/INS/ARB/PL/LOT-01/209 DATE:03.10.2024
CLAIMANT:
AXIS BANK LTD.
(FORMERLY KNOWN AS UTI Bank Ltd.)
Axis bank Ltd, having its registered office at Trishul, Opposite,
Samertheshwar Temple, Law Garden, Ellisbridge, Ahmedabad, -
380006, and one of its branch office at Axis Bank Ltd, Asset Sales
Centre, 2nd Floor, Warden House, 340, Sir J.J Road, Byculla (E),
Mumbai 400008.
V/s.
RESPONDENT:
ABHINAY PANDEY (Borrower)
M/001 SUMIT GREENDALE CHS LTD GLOBAL CITY VIRAR WEST
PALGHAR PALGHAR PIN 401303 PUNE MAHARASHTRA 410505 INDIA
Also at:
UNIINFO TELECOM SERVICES LIMITED402 403 CHETAK CENTER 4TH
FLOOR12/2 ANT MARG NEAR SHREE MAYA HOTEL INDORE INVAILD
EMAIL ID ABHINAY.PANDEY@UNI_INFO.CO.ININDOREMADHYA
PRADESH452001INDIA
Office Address: 2nd Floor, National Insurance Building, D. N. Road, Above
Hotel Suvidha, Fort Mumbai – 400001
