M/S Moneywise Financial Pvt. Ltd. v. Sandeep And Company And Otheres

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1114/2025 M/S MONEYWISE FINANCIAL PVT. LTD.

.....Petitioner Through:

Mr. Ranjeet Kumar, Adv.

versus SANDEEP AND COMPANY AND OTHERS .....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 12.11.2025 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.

2.

The facts are that the respondents availed loan facility to the tune of Rs. 20,17,858/- from the petitioner vide Loan Agreement dated 28.02.2022. The respondent No. 1 is the main borrower and the respondents No. 2 and 3 are the co-borrower.

3.

The said Loan Agreement contains an arbitration clause being Clause No. 8.2 , which reads as under:- "8.2. Arbitration: Any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between the Parties or their respective representatives or assigns, arising out of or in connection with this Agreement (or the subject matter of this Agreement), including, without limitation, any question The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

regarding its existence, validity, interpretation, construction, performance, enforcement, rights and liabilities of the Parties, or termination ("Disputes"), 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 dispute arose between the parties, the invoked arbitration vide Legal Notice dated 04.04.2025 and thereafter, filed the present petition. 5.

As per the Loan Agreement, the email-ID of all the respondents is rk.souvenior.rediffmail.com.

6.

Mr. Kumar, learned counsel for the petitioner has handed over the Affidavit of Service in the Court today and the same is taken on record. 7.

As per the Affidavit of Service, the respondents have been served at the said email-ID. However, despite service there is nobody appearing on behalf of the respondents today.

8.

I am satisfied that there is a valid arbitration clause and disputes between the parties which need to be adjudicated through arbitral mechanism.

9.

For the said reasons, the petition is allowed and 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 are issued:- i) Mr. Abhay Sahai (Advocate) (Mob. No. 9971067110) 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.

10.

The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J NOVEMBER 12, 2025/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.