M/S Moneywise Financial Services Pvt. Ltd. v. Durga Traders Through Its Partners And ORS

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 182/2025 M/S MONEYWISE FINANCIAL SERVICES PVT. LTD.

.....Petitioner Through:

Ms Preeti Kumari and Mr Ranjeet Kumar, Advs.

versus DURGA TRADERS THROUGH ITS PARTNERS AND ORS .....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 19.12.2025 1.

This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("the Act") seeking appointment of an Arbitrator for adjudication of disputes between the parties. 2.

The brief facts of the case are that the respondents approached the petitioner for availing the loan facility for expansion of business. The petitioner disbursed a loan amount to the tune if Rs. 25,22,323/- to the respondents in terms of the Loan Agreement dated 28.02.2022 executed between the parties.

3.

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

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, or termination ("Dispute"), shall be referred to a sole arbitrator duly appointed by the Lender. The language of the arbitration shall be English. The seat of the arbitration shall be at New 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 there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 16.10.2024 and thereafter filed the present petition.

5.

As per the order dated 28.11.2025, the respondents have been served through newspapers dated 19.10.2025 and 23.10.2025. 6.

Despite service, there is nobody appearing on behalf of the respondents.

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.

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) Mr. Aditya Vikram Singh Chauhan, Advocate (Mob. No. 7838003807) 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 DECEMBER 19, 2025 / (MS) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.