Kotak Mahindra Prime Lt v. Ruchika Sawhney And ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 294/2026 KOTAK MAHINDRA PRIME LT .....Petitioner Through:

Mr. Rajan Ranjan Pandey, Mr. Amit Kumar Sinha, Mr. S.K. Mehta and Mr. Yogesh Srivastava, Advocates.

versus RUCHIKA SAWHNEY AND ANR .....Respondents Through:

Mr. Mohd. Akbar Khan, Mr. Shashi Kant Upadhyay, Mr. Mohd. Amaan Afsar, Mr.

Karan Singh and Mr. Santosh Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 08.05.2026 1.

By way of this petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter „the Act‟) petitioner seeks appointment of an Arbitrator to adjudicate the disputes between the parties arising out of Car Finance Agreement dated 08.02.2024. Arbitration clause is clauses 32 and 33 of the said agreement.

2.

The disputes having arisen between the parties, petitioner invoked the arbitration clause by giving a notice dated 20.08.2025 in terms of Section 21 of the Act, which was responded to by the respondents vide reply dated 01.09.2025 whereby the respondents did not agree to the proposed list of arbitrators.

3.

Notice in the petition was issued by this Court on 13.02.2026. 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 12/05/2026 at 11:15:35

5.

Mr. Mohd. Akbar Khan, learned counsel enters appearance on behalf of the respondents and submits that there is no dispute as to the existence of arbitration clause in the aforesaid agreement. On instructions, he further submits that respondent has no objection in case an Arbitrator is appointed. 7.

In view of the submissions of Mr. Khan, present petition is allowed. 8.

The disputes between the parties are referred to arbitration of Mr. Siddhant Poddar, Advocate [Mob. 9650010557].

9.

The arbitration will be held under the aegis of Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi - 110003 ["DIAC"] and shall be governed by the Rules of DIAC including as to the remuneration of the learned Arbitrator. The DIAC may register the case forthwith.

10.

The learned Arbitrator is requested to furnish a declaration under Section 12 of the Act prior to entering upon the reference. 11.

It is made clear that all rights and contentions of the parties are left open for adjudication by the learned Arbitrator. 12.

Petition stands disposed of.

VIKAS MAHAJAN, J MAY 8, 2026/jg 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 12/05/2026 at 11:15:35