Tata Capital Limited v. Dev Narayan Mines And Minerals And ORS
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TATA CAPITAL LIMITED .....Petitioner Through:
Ms. Nachiketa Suri & Mr. Chirag Joshi, Advocates.
versus DEV NARAYAN MINES AND MINERALS AND ORS .....Respondents Through:
None.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 21.11.2025 1.
The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter 'Act') seeking appointment of a Sole Arbitrator for adjudication of disputes between the parties arising out of a Loan Agreement dated 31st January, 2022 (hereinafter 'Agreement').
2.
Counsel for the petitioner submits that the Agreement contains an arbitration clause, i.e. Clause 13, which provides for adjudication of disputes arising between the parties by way of arbitration. For the sake of convenience, Clause 13 of the Agreement is set out hereinbelow: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Counsel for the petitioner further submits that since the respondent no.1 defaulted in repaying the loan amount, the petitioner issued notice dated 29th July, 2024 to the respondents invoking the aforesaid arbitration clause under Section 21 of the Act.
4.
No reply to the aforesaid notice was received by the petitioner on behalf of the respondent.
5.
Hence, petitioner has been constrained to approach this Court by way of the present petition.
6.
Notice in the present petition was issued to the respondents on 27th March, 2025.
7.
As per the report of the Registry, the respondents have been served through ordinary means.
8.
Despite service, none has entered appearance on behalf of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
respondents.
9.
Accordingly, the dispute between the parties arising out of the Agreement is referred to the Arbitral Tribunal comprising a Sole Arbitrator. The following directions are issued in this regard: a. Mr. Alexander Mathai Paikaday (Mobile No.: +91 7204711976) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.
b. The Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. In the event there is any impediment to the Arbitrator's appointment on that count, the parties are given liberty to file an appropriate application before this Court.
c. The remuneration of the Arbitrator shall be in terms of Schedule IV of the Act.
d. The parties shall approach the Arbitrator within two (2) weeks from today.
10.
It is made clear that all the rights and contentions of the parties, including the arbitrability of any of the claims and/ or counter claims, any other preliminary objections as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the Arbitrator. 11.
The petition stands disposed of in the aforesaid terms. 12.
Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case. AMIT BANSAL, J NOVEMBER 21, 2025/at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.