M/S Moneywise Financial Services Pvt Ltd v. Neelamber Agrotech Pvt Ltd Through Its Directors And ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1374/2025 M/S MONEYWISE FINANCIAL SERVICES PVT LTD .....Petitioner Through:

Ms Preeti Kumari, Adv.

versus NEELAMBER AGROTECH PVT LTD THROUGH ITS DIRECTORS AND ORS .....Respondents Through:

None

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 13.10.2025 1.

This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties.

2.

The brief facts are that the petitioner advanced a loan for Rs. 35,31,252/- to respondents through a Loan Agreement dated 30.04.2023. 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 regarding its existence, validity, interpretation, construction, performance, enforcement, rights and liabilities of the Parties, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

or termination ("Dispute") thereof shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended ("Arbitration Act"). The Dispute shall be referred to a sole arbitrator duly appointed by the Parties with mutual consent failing which the sole arbitrator shall be appointed in accordance with the Arbitration Act. The language of the arbitration shall be English. The seat of the arbitration shall be at 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 disputes arose between the parties, the petitioner invoked arbitration vide legal notice dated 06.06.2025. 5.

As per the Loan Agreement the e-mail ID of the respondent No.1, 3 and 4 is neelamberagro@gmai1.com and the e-mail ID of the respondent No. 2 is yogeshmange7788@gmail.com.

6.

As per the Affidavit of Service, the respondents have been served on the said e-mail ids. However, despite service there is nobody appearing on behalf of the respondents.

7.

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

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

For the said reasons, the petition is allowed and the following directions are issued:- i) Ms. Bhawna Khanna (Advocate) (Mob. No. 9810071710) 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.

9.

The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J OCTOBER 13, 2025/AS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.