Oxyzo Financial Services Ltd v. M/S Trehan Industries & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1737/2025 OXYZO FINANCIAL SERVICES LTD .....Petitioner Through:

Mr. Sanyam Khetarpal Advocate versus M/S TREHAN INDUSTRIES & ORS.

.....Respondents Through:

None

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 28.11.2025 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 of the case are that the respondent Nos. 2 to 4 requested the petitioner for a business loan in form of purchase financing facility. The said facility was sanctioned by the petitioner to the tune of Rs. 40,00,000/- vide sanction letter dated 07.07.2019. 3.

Subsequently, the respondents requested the petitioner for the financial facility to be restructured. The petitioner accepted the request and decreased the sanctioned amount from Rs. 40,00,000/- to Rs. 19,10,405/-. This was formalised through sanction letter dated 09.02.2023 and a Master Facility Agreement dated 14.02.2023 was executed between the parties.

4.

The said Master Facility Agreement contained an arbitration clause The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

being Clause No. 16.3 which reads as under:- 5.

The respondent No. 1 is the partnership firm and the respondent Nos. 2 to 4 are the partners.

6.

Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 30.08.2025 and thereafter filed the present petition.

7.

The respondent Nos. 2 to 4 are served. Despite service, there is nobody appearing on behalf of the respondents. 8.

I am satisfied that there exists a valid arbitration clause and there are disputes between the parties which need to be adjudicated through the arbitral mechanism.

9.

For the said reasons, the petition is allowed and the following The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

directions are issued:- i) Mr. Bhuwan Gugnani, Advocate (Mob. No. 9810126664) 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.

10.

The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J NOVEMBER 28, 2025 / (MS) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.