Axis Finance Limited v. Gopal Yaduvir Mahato & ANR.
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AXIS FINANCE LIMITED .....Petitioner Through:
Mr. Vivek Sinha, Mr. Vivek Malik, Ms. Akshita Khasia, Advocates.
versus GOPAL YADUVIR MAHATO & ANR.
.....Respondents Through:
None.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 16.10.2025 1.
The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, (hereinafter 'Act') seeking appointment of a Sole Arbitrator for the adjudication of the disputes between the parties arising out of the Facility Agreement dated 31st July, 2024 (hereinafter 'Agreement') in terms of which the petitioner had disbursed a sum of Rs. 6,50,000/- in favour of the respondents. 2.
Counsel for the petitioner states that the aforesaid Agreement contains an arbitration clause, i.e. Clause 36, which provides for adjudication of any disputes arising between the parties by way of arbitration. For ease of reference, Clause 36 of the Agreement is set out below: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
He further states that since the respondents started making defaults in the repayment of the loan amount, the petitioner sent a notice dated 24th June, 2025 to the respondents invoking the aforesaid arbitration clause under Section 21 of the Act.
4.
The respondents have not sent a reply to the aforesaid notice to the petitioner.
5.
Hence, the petitioner has been constrained to approach this Court by way of the present petition.
6.
As per the report of the Registry, the respondents have been served through e-mail.
7.
An affidavit of service has also been filed on behalf of the petitioner, in terms of which the respondents have been served via email and speed post. 8.
None appears on behalf of the respondents.
9.
Notice was issued on 28th August, 2025.
10.
Accordingly, the dispute between the parties under the aforesaid Appointment Letter is referred to the Arbitral Tribunal comprising a Sole Arbitrator. The following directions are issued in this regard: i.
Mr. Sushant Bali, Advocate (Mob. No. +91-8447242406) is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
appointed as a Sole Arbitrator to adjudicate the disputes between the parties.
ii.
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.
iii.
The remuneration of the Arbitrator shall be in terms of Schedule IV of the Act.
iv.
The parties shall approach the Arbitrator within two (2) weeks from today.
11.
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 objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the Arbitrator. 12.
The petition stands disposed of in the aforesaid terms. 13.
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 OCTOBER 16, 2025 at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.