Moneywise Financial Services Pvt Ltd v. Sandeep Synthetic And ORS
$~5 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 2152/2025 MONEYWISE FINANCIAL SERVICES PVT. LTD.
.....Petitioner Through:
Mr. Pankaj Kumar, Advocate versus SANDEEP SYNTHETIC AND ORS.
.....Respondents Through:
None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 12.05.2026 1.
The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") seeking appointment of a Sole Arbitrator for adjudication of disputes between the parties, arising out of the Loan Agreement dated 30th January, 2024 ("Loan Agreement"). 2.
This Court notes that in the order dated 19th February, 2026, it had been recorded that respondents have already been served. However, none has appeared on behalf of the respondents, despite service of notice. 3.
As per the facts on the record, the petitioner granted a loan of Rs. 30,26,787/- to the respondents by way of the Loan Agreement, as per which, the loan had to be repaid in thirty-six equated monthly installments of Rs. 1,10,163/- each, along with interest @ 18.5% per annum. 4.
It is noted that disputes arose between the parties as the respondents failed to make the payment of several installments, as per the terms and conditions of the Loan Agreement, on account of which the petitioner issued the Loan Recall Notice dated 11th August, 2025. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
Subsequently, on account of the respondents not clearing the outstanding dues of the petitioner, the petitioner was constrained to issue the Invocation of Arbitration Notice dated 04th September, 2025 under Section 21 of the Arbitration Act.
6.
At this stage, learned counsel for the petitioner submits that a fresh notice under Section 21 of Arbitration Act was served upon the respondent through E-mail dated 31st March, 2026, since proof of service of the earlier notice under Section 21 of the Arbitration Act was not available. 7.
This Court notes that Affidavit of Service dated 08th May, 2026 has been filed towards the same, which shows that the respondents stand duly served with the Notice Invoking Arbitration.
8.
Attention of this Court is brought to the Loan Agreement between the parties which contains the Arbitration Clause, i.e., Clause 8.2, which reads as under:
"xxx xxx xxx xxx xxx xxx"
9.
Perusal of the aforesaid Arbitration Clause shows that there is a valid Arbitration Agreement between the parties, which stipulates that the seat of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Arbitration is at Delhi and all the disputes between the parties shall be referred to a Sole Arbitrator.
10.
This Court records the statement made by learned counsel for the petitioner that the petitioner has approximate claim of Rs. 22,36,397.10/-. 11.
In view of the existence of a valid Arbitration Agreement between the parties, and there being disputes between the parties, which are to be adjudicated by the learned Arbitrator, through the process of arbitration, this Court finds no impediment in appointing of an Arbitrator. 12.
Accordingly, considering the submissions made before this Court, the following directions are issued:
i) Ms. Yoothica Pallavi, Advocate (Mob: +91-8826514951) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. ii) The remuneration of the Arbitrator shall be in terms of Schedule IV of the Arbitration Act.
iii.
The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Arbitration 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.
iv.
It shall be open to the respondents to raise counter-claims, if any, in the arbitration proceedings.
v.
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 learned Arbitrator. vi.
The parties shall approach the Arbitrator within two (02) weeks from The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
today.
13.
Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case. 14.
The petition is disposed of in the aforesaid terms. 15.
The Registry is directed to send a copy of this order to learned Arbitrator, for information and compliance.
MINI PUSHKARNA, J MAY 12, 2026/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.