$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 147/2025 AXIS FINANCE LIMITED .....Petitioner Through: Mr. Ankur Bhardwaj, Mr. Shekher Gupta, Advs. versus THIRUMOORTHY R & ANR. .....Respondent Through: Respondent-in-person CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 02.05.2025 1. This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties arising out of the Loan Agreement dated 20.09.2022. 2. The arbitration clause is contained as clause 14 of the Loan Agreement and the same reads as under: 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 30/06/2025 at 23:49:11 3. The facts are that the petitioner is a Non engaged in the business of providing The petitioner advanced a loan of Rs. 30,25,922/ 0456PLA00055921, dated 20.09.2022 to the respondent(s). 4. The respondent no.1 is the principal borrower and the respondent no. 2 is the co-borrower. 5. Since, the respondent(s) defaulted in fulfilling their obligations under the Loan Agreement, the petitioner issued a loan recall notice dated 07.11.2024. Thereafter, the petitioner invoked arbitration vide legal notice dated 11.12.2024. 6. The respon No. 2 and states that he is undergoing acute financial hardship and despite best efforts, has not been able to settle the amounts with the petitioner. 7. In this view of the matter, and since there are d between the petitioner and the respondent(s), I am inclined to allow the The facts are that the petitioner is a Non-Banking finance institution, engaged in the business of providing loan/ credit facilities to its customers. The petitioner advanced a loan of Rs. 30,25,922/- vide 0456PLA00055921, dated 20.09.2022 to the respondent(s). The respondent no.1 is the principal borrower and the respondent no. orrower. Since, the respondent(s) defaulted in fulfilling their obligations under the Loan Agreement, the petitioner issued a loan recall notice dated 07.11.2024. Thereafter, the petitioner invoked arbitration vide legal notice dated 11.12.2024. The respondent No.1 appears in-person for self and for respondent No. 2 and states that he is undergoing acute financial hardship and despite best efforts, has not been able to settle the amounts with the petitioner. In this view of the matter, and since there are d between the petitioner and the respondent(s), I am inclined to allow the Banking finance institution, loan/ credit facilities to its customers. vide Loan Agreement No. 0456PLA00055921, dated 20.09.2022 to the respondent(s). The respondent no.1 is the principal borrower and the respondent no. Since, the respondent(s) defaulted in fulfilling their obligations under the Loan Agreement, the petitioner issued a loan recall notice dated 07.11.2024. Thereafter, the petitioner invoked arbitration vide legal notice person for self and for respondent No. 2 and states that he is undergoing acute financial hardship and despite best efforts, has not been able to settle the amounts with the petitioner. In this view of the matter, and since there are disputes pending between the petitioner and the respondent(s), I am inclined to allow the 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 30/06/2025 at 23:49:11 present petition and the following directions are issued:- i) Ms. Sandhya Gupta (Adv.) (Mob. No. 9312280288) 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 the Fourth Schedule of the Arbitration & Conciliation Act, 1996. 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 parties shall approach the learned Arbitrator within two weeks from today. 8. In the meanwhile, the respondent(s) are at liberty to make a viable offer to the petitioner, which shall be considered by the petitioner to put a closure to the entire matter. 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 30/06/2025 at 23:49:11 9. With these directions, the present petition is disposed of. JASMEET SINGH, J MAY 2, 2025 / (MS) Click here to check corrigendum, if any 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 30/06/2025 at 23:49:11