M/S Moneywise Financial Services Pvt. Ltd. v. Mr. Raj Kumar Singh, Proprietor Of Kumar Printing And Textiles And ANR

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ M/S MONEYWISE FINANCIAL SERVICES PVT. LTD.

.....Petitioner Through:

Mr. Aman Choudhary, Advocate.

versus MR. RAJ KUMAR SINGH, PROPRIETOR OF KUMAR PRINTING AND TEXTILES AND ANR .....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 12.11.2025 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 a Loan Agreement dated 23rd January, 2025 entered into between the petitioner and the respondents. 2.

Counsel for the petitioner submits that the aforesaid Agreement contains an arbitration clause, i.e. Clause 8.2, which provides for adjudication of any dispute arising between the parties by way of arbitration. For ease of reference, Clause 8.2 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 submits that since the respondents failed to repay the loan amount, the petitioner issued a notice dated 24th July, 2025 to the respondents invoking the aforesaid arbitration clause in terms of Section 21 of the Act. However, the respondents failed to respond to the aforesaid notice.

4.

Notice in the petition was issued on 25th September, 2025 and two weeks' time was given to the respondents to file reply. 5.

As per the report of the Registry, the respondents have been served through e-mail.

6.

None appears on behalf of the respondents despite service. 7.

Accordingly, the disputes between the parties are referred to the Arbitral Tribunal comprising a Sole Arbitrator. 8.

Mr. Sudeep Dey, Advocate (Mob. No. +91-9205541539) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. 9.

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.

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

b. The remuneration of the Arbitrator shall be in terms of 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 objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the Sole Arbitrator.

10.

The petition stands disposed of in the aforesaid terms. 11.

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 12, 2025 Vivek/- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.