Kotak Mahindra Prime Limited v. Mohammad Kamran Solanki

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1899/2025 KOTAK MAHINDRA PRIME LIMITED ....Petitioner Through:

Mr. Dheeraj Kumar Nag, Adv.

versus MOHAMMAD KAMRAN SOLANKI .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 11.12.2025 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 approached the petitioner seeking the grant of a loan facility. The petitioner granted a loan to the tune of Rs. 20,08,404/- to the respondent vide Loan Agreement bearing No. CF23795170 dated 31.07.2024 against the security of vehicle of model KIA Seltos 1.5 HTX DIESEL.

3.

The said Loan Agreement contains an arbitration clause being Clause No. 27 which reads as under:

"All disputes, differences and/or claim arising out of these presents or in any way touching or concerning the same or as to constructions, meaning or effect hereof or as to the rights and liabilities of the parties hereunder shall be settled by arbitration to be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

amendments thereof and shall be referred to the arbitration of a sole arbitrator to be nominated by the Lender. In the event of death, refusal, neglect, inability or incapability of a person so appointed to act an arbitrator, the Lender may appoint a new arbitrator. The award of the arbitrator shall be final and binding on all parties concerned. The arbitration proceedings shall be conducted in English language and held at the place more particularly mentioned in the Schedule- I of the present agreement hereunder."

4.

Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 14.08.2025. 5.

The email ID of the respondent as per the loan documents is kamran.84@gmail.com.

6.

The respondent have been served on kamran.84@gmail.com. Despite service there is nobody appearing on behalf of the respondent. 7.

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.

8.

For the said reasons, the petition is allowed and the following directions are issued:- i) Mr. Omansh Gupta (Advocate) (Mob. No. 9810156323) 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'). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 DECEMBER 11, 2025/AS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.