M/S Moneywise Financial Services Pvt Ltd v. Siddhivinayak Laser Febrication Pvt Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 107/2025 M/S MONEYWISE FINANCIAL SERVICES PVT LTD.....Petitioner Through:

Mr. Ranjeet Kumar, Ms. Preety Kumari, Advs.

versus SIDDHIVINAYAK LASER FEBRICATION PVT LTD .....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 25.08.2025 1.

This is a petition filed under section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes between the parties arising out of the Master Loan Agreement dated 28.01.2021.

2.

The facts are that the petitioner advanced a loan of Rs. 4,23,566/- to the respondents under the said Master Loan Agreement. Respondent No. 1 is the principal borrower and respondent Nos. 2 and 3 are the co-borrowers. 3.

The Master Loan Agreement contains an arbitration clause being Clause No. 10.1 which reads as under:

"10.1. Arbitration: Any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between the Parties or their respective representatives or assigns, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

arising out of or in connection with this Agreement (or the subject matter of this Agreement), including, without limitation, any question regarding its existence, validity, interpretation, construction, performance, enforcement, rights and liabilities of the Parties, or termination ("Dispute"), shall be referred to a sole arbitrator duly appointed by the Lender. The language of the arbitration shall be English. The seat of the arbitration shall be at New Delhi and the language of proceedings shall be English. The award rendered shall be in writing and shall set out the reasons for the arbitrator's decision. The costs and expenses of the arbitration shall be borne equally by each Party, with each Party paying for its own fees and costs including attorney fees, except as may be determined by the arbitration tribunal.

Any award by the arbitration tribunal shall be final and binding." 4.

Since disputes arose between the parties, the petitioner invoked arbitration vide legal notice dated 28.10.2024 and thereafter filed the present petition.

5.

The petitioner was permitted to serve the respondents through substituted process vide order dated 21.05.2025. 6.

I am satisfied that respondents have been served, however, despite service there is nobody appearing on behalf of the respondents. Further, there is a valid arbitration clause and there are disputes between the parties which need to be settled through arbitration mechanism. 7.

The respondents have been served through publication in the newspapers having local circulation, in terms of order dated 20.03.2025. 8.

For the said reasons, the petition is allowed, with the following The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

directions:

i) Mr. Kapil Choudhary (Advocate) (Mob. No. 9971550900) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC'). iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

vi) The petitioner shall approach the learned Arbitrator within two weeks from today.

9.

The petition is disposed of accordingly.

JASMEET SINGH, J AUGUST 25, 2025/DM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.