Dhara Motor Finance Ltd v. Shadab And ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 595/2026 DHARA MOTOR FINANCE LTD .....Petitioner Through:

Appearance not given versus SHADAB AND ORS .....Respondent Through:

Ms. Anushka Anand, Advocate

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 20.05.2026 1.

This Petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 has been filed by the Petitioner for appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under the Loan Agreement dated 22.06.2021.

2.

It is stated that under the said Agreement, the Petitioner sanctioned a loan of Rs.74,72,090/- to the Respondents for the purposes of purchasing a truck. It is stated that the Respondents have failed to comply with their obligations and, therefore, disputes have arisen between the parties. 3.

A notice dated 30.08.2025 under Section 21 of the Arbitration and Conciliation Act, 1996, was sent by the Petitioner to the Respondents invoking Arbitration. Despite notice since the Respondents have not taken any steps to repay the loan amount, the Petitioner has approached this Court by filing the present Petition.

4.

Notice in the present Petition was issued on 06.04.2026. Notice has been served. Ms. Anushka Anand, learned Counsel, enters appearance on behalf of the Respondents.

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5.

Heard learned Counsel for the parties. Clause 15.1 of the agreement contains an arbitration clause. The arbitration clause specifies that the seat of arbitration shall be in Delhi.

6.

In view of the fact that disputes have arisen between the parties and there is an arbitration clause in the Agreement, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties. 7.

Accordingly, Mr. Sameer Vashisht, Advocate, (Mob: 9818280821) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

8.

The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

9.

The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act within two weeks of entering the reference.

10.

All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

11.

Needless to say, nothing in this order shall be construed as an expression on the merits.

12.

The present petition stands disposed of in the above terms along with pending application(s), if any.

SUBRAMONIUM PRASAD, J MAY 20, 2026 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/05/2026 at 11:42:21