Moneywise Financial Services Pvt Ltd v. Econ And ORS
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MONEYWISE FINANCIAL SERVICES PVT LTD .....Petitioner Through:
Mr. Ranjit Kumar Dubey, Adv for Mr. Pankaj Kumar, Adv.
versus ECON AND ORS .....Respondents Through:
None
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 06.11.2025 I.A. 23589/2025 (Exemption) 1.
Allowed, subject to the petitioner filing legible copies of documents within four (4) weeks from today.
2.
The application stands disposed of.
3.
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 Loan Agreement dated 31st July 2023 (hereinafter 'Agreement'), entered into between the parties. 4.
The aforesaid Agreement contains an arbitration clause, i.e. Clause 8.2, which provides for adjudication of any disputes arising between the parties by way of arbitration.
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5.
Since there were disputes between the parties, the petitioner sent a legal notice dated 9th June, 2025 and a notice dated 30th June, 2025, invoking the aforesaid arbitration clause under Section 21 of the Act, to the respondents. However, no reply to the aforesaid notices has been sent by the respondents. 6.
Notice was issued in the petition on 22nd September, 2025. As per report of the Registry, respondents have been duly served through e-mail. 7.
None appears for the Respondents despite service. 8.
Accordingly, the dispute between the parties under the Agreement is referred to the Arbitral Tribunal comprising a Sole Arbitrator.
9. Ms. Akanksha Kaul (Mobile No.: 9818131566) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties, 10.
The following directions are issued in this regard: a.
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.
b.
The Arbitrator shall be entitled to fees as per Schedule IV of the Act.
c.
The parties shall approach the Arbitrator within two (2) weeks from today.
d.
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 objections as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the Arbitrator.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
The petition stands disposed of in the aforesaid terms. 12.
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 NOVEMBER 6, 2025 sk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.