M/S Moneywise Financial Services Pvt. Ltd. v. Shubham Trading Company And ORS
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1018/2025 M/S MONEYWISE FINANCIAL SERVICES PVT. LTD.
.....Petitioner Through:
Mr. Ranjeet Kumar, Adv, versus SHUBHAM TRADING COMPANY AND ORS .....Respondents Through:
None.
CORAM:
HON'BLE MR. JUSTICE AVNEESH JHINGAN
O R D E R
% 27.03.2026 1.
The present petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for appointment of an arbitrator. 2.
The brief facts are that the parties to the lis entered into a Master Loan Agreement dated 28.02.2022 pursuant to which the petitioner advanced a loan amount of Rs.10,07,107/- to the respondents, repayable in thirty-six equated monthly instalments. The respondents committed default in repayment and failed to adhere to the terms and conditions of the agreement. The petitioner issued a loan recall/termination notice dated 06.12.2023 and thereafter invoked the arbitration clause 8.2 by issuing notice dated 18.11.2022. Despite service, the respondents neither responded nor cleared the outstanding amount.
3.
The matter was earlier listed before the learned Joint Registrar on 07.01.2026 whereby the right of the respondents to file reply was closed. 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 30/03/2026 at 16:44:15
The respondents having been served through publication and remaining unrepresented were proceeded ex parte vide order dated 27.01.2026. 4.
Even today, none appears on behalf of the respondents. 5.
In view of the prima facie clause of arbitration in the contract, the petition is allowed by appointing Mr. Anubhav Gupta, Advocate (Mobile No.9910623535) (Email Id. Advanubhav94@gmail.com) as the sole arbitrator for adjudication of the disputes which have arisen between the parties.
6.
The fees of the learned Arbitrator will be governed by Schedule IV of the Act. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.
7.
It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law. 8.
A copy of this order be forwarded to the learned Arbitrator for information.
AVNEESH JHINGAN, J MARCH 27, 2026 'ha'
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 30/03/2026 at 16:44:15