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2025 DAILYLAW 29954 (DEL)

BAJAJ FINANCE LIMITED v. RAVI BADRINARAIN GOYAL

ARB.P./1488/2025 · 2025-09-16

Jasmeet Singh

body2025

Judgment text

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$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1488/2025 BAJAJ FINANCE LIMITED .....Petitioner Through: Mr. Karan Luthra, Adv and Mr. Rohan Dua, Adv versus RAVI BADRINARAIN GOYAL .....Respondent Through: Mr. Raghav Mittal, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 16.09.2025 I.A. 22928/2025-EX. Allowed subject to all just exceptions. The application stands disposed of. ARB.P. 1488/2025 1. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator for the adjudication of disputes between the parties arising out of the Loan cum Pledge cum Guarantee Agreement dated 28.09.2022. 2. The said Agreement contains an arbitration clause being clause No. 8 of Article VII, which reads as under:- “8. Arbitration 8.1 Any and all disputes arising out of or in connection with this Agreement and the Schedule(s) of Terms attached hereto or the performance of this Agreement shall be settled by arbitration to be referred to a sole arbitrator to be appointed in the following manner. 8.2 BFL shall address a notice to the Borrower suggesting the names of not more than three arbitrators, and the Borrower shall either: This is a digitally signed order. 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 24/09/2025 at 11:59:55 (i) Confirm acceptance of one among the proposed names as the sole arbitrator and confirm in writing to Lender within a period of ten (10) days from the date of notice ("Notice Period"); or (ii) convey objection, if any, in writing to the Lender. against the proposed names of the sole arbitrator within the said Notice Period. 8.3 However, if Lender does not receive any response from the Borrower within the said Notice Period, Lender shall construe the same to be deemed consent/acceptance by the Borrower of the appointment of the sole arbitrator as may be decided by the Lender. 8.4 The venue & Seat of arbitration shall be at a Place more particularly Indicated in the Schedule of Terms. The arbitration shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996 together with its amendments, any statutory modification or re-enactment thereof for the time being in force. The arbitration proceeding shall be conducted in English language. The award of such arbitrator shall be final and binding upon the Borrower and Lender. Pending the passing of final award, the Borrower shall be liable to perform all its obligations under this Agreement.” 3. Since disputes arose between the parties, the petitioner invoked arbitration vide legal notice dated 16.04.2025. 4. For the said reasons, issue notice to the respondent. 5. Mr. Mittal, learned counsel accepts notice on behalf of the respondent and has no objection to the appointment of an Arbitrator. 6. I am satisfied that there exists a valid arbitration clause and there are disputes between the parties that need to be adjudicated through the arbitral mechanism. This is a digitally signed order. 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 24/09/2025 at 11:59:55 7. For the said reasons, the petition is allowed and the following directions are issued:- i) Mr. Sukhdev Singh (Retd. ADJ) (Mob. No. 9815294814) 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 claims, 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 parties shall approach the learned Arbitrator within two weeks from today. 8. The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J SEPTEMBER 16, 2025 / (MS) This is a digitally signed order. 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 24/09/2025 at 11:59:55