Axis Finance Limited v. Dharmendra Sonu Pawaskar & ANR.
$~7 * 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 DHARMENDRA SONU PAWASKAR & 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, 1996 (hereinafter 'Act') seeking appointment of a Sole Arbitrator for the adjudication of the disputes between the parties arising out of the Facility Agreement dated 17th October, 2019 (hereinafter 'Agreement') entered into between the parties in terms of which the petitioner had disbursed a sum of Rs. 10,39,020/- in favour of the respondents.
2.
Counsel for the petitioner states that the aforesaid Agreement contains an arbitration clause, i.e. Clause 28, which provides for adjudication of any disputes arising between the parties by way of arbitration. For ease of reference, Clause 28 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. No reply to the aforesaid notice has been received by the petitioner on behalf of the respondents.
4.
An affidavit of service has been filed on behalf of the petitioner, in terms of which the respondents have been served through courier and speed post.
5.
As per the report of the Registry, respondent no. 1 has been served through WhatsApp.
6.
None appears on behalf of the respondents despite advance service. 7.
Notice was issued on 28th August, 2025.
8.
Accordingly, the dispute between the parties under the aforesaid Agreement is referred to the Arbitral Tribunal comprising a Sole Arbitrator. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Ms. Satakshi Sood, Advocate (Mob. No. +91-8278812103) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. 10.
The following directions are issued in this regard: i.
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.
ii.
The remuneration of the Arbitrator shall be in terms of Schedule IV of the Act.
iii.
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.