Axis Finance Limited v. Vardharajan Nadadur Varadavishnu & ANR.

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. 18039/2025 IN + ARB.P. 660/2025 AXIS FINANCE LIMITED .....Petitioner Through:

Mr. Ankush Bharadwaj, Advocate.

versus VARDHARAJAN NADADUR VARADAVISHNU & ANR.

.....Respondents Through:

Mr. Sabarish Subramanian and Mr.

K.S. Badhrinathan, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 29.07.2025 I.A. 18039/2025 (u/O-IX R-13 CPC) 1.

This application has been filed on behalf of the applicants/ respondents under Order IX Rule 13 of the Code of Civil Procedure, 1908 ('CPC') seeking recall of the ex-parte order dated 8th July, 2025. 2.

Counsel for the respondents submits that the respondents are persons with disabilities and therefore, they could not appear before the Court on the previous dates despite service.

3.

It has been put to the counsel for the respondents that no prejudice has been caused to the respondents as the Court has merely appointed an independent Arbitrator to adjudicate the dispute between the parties. The respondents do not dispute the existence of the Arbitration Clause. ARB.P. 660/2025 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 31/07/2025 at 12:19:43

4.

Hence, there is no merit in the present application. 5.

The application is dismissed.

6.

Liberty is given to the respondents to approach the petitioner to explore the possibility of settlement.

AMIT BANSAL, J JULY 29, 2025 Rzu ARB.P. 660/2025 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 31/07/2025 at 12:19:43