Kotak Mahindra Prime Limited v. Piyush Mathur

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 96/2026 & I.A. 973/2026 KOTAK MAHINDRA PRIME LIMITED .....Petitioner Through:

Mr. Kushal Kumar and Mr. Rishabh Saxena, Advs.

versus PIYUSH MATHUR .....Respondent Through:

Mr. Gautam Chakroberty, Adv.

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

O R D E R

% 26.05.2026 1.

The present petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for appointment of an arbitrator. 2.

The brief facts are that the parties to the lis entered into a Personal Loan Agreement dated 24.12.2021 whereby the respondent availed a loan facility of Rs.10,11,766/- from the petitioner. The respondent defaulted in repayment of the loan amount resulting in disputes between the parties. On 01.10.2025 the petitioner issued a notice under Section 21 of the Act invoking arbitration clause 10.15 of the agreement. On failure to do the needful, the present petition was filed.

3.

As per the office report, reply is under objection but on instructions learned counsel for the respondent has no objection for referring the matter to arbitration.

4.

Accordingly, the petition is allowed by appointing Ms. Samiksha The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2026 at 12:28:42

Godiyal, Advocate (Mobile No.: 9910005408) as the sole arbitrator for adjudication of the disputes which have arisen between the parties. 5.

The fees of the learned Arbitrator will be governed by Schedule IV of the Act. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.

6.

It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law. 7.

A copy of this order be forwarded to the learned Arbitrator for information.

AVNEESH JHINGAN, J MAY 26, 2026/Pa The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2026 at 12:28:42