$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1093/2025 M/S MONEYWISE FINANCIAL SERVICES PVT LTD. .....Petitioner Through: Mr. Ranjeet Kumar, Adv. versus B TECH ENTERPRISES AND OTHERS .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 24.07.2026 1. This 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 petitioner is a Non-Banking Financial Company registered with the Reserve Bank of India (RBI). Respondent No.1 is a proprietorship concern, while respondent nos.2 and 3 are its proprietor and guarantor/co-applicant respectively. 2.1 The parties entered into a Master Loan Agreement dated 28.08.2022 (for short ‘the agreement’) whereby the petitioner advanced a loan of Rs.10,08,930/- (Rupees Ten Lakhs Eight Thousand Nine Hundred and Thirty Only) to the respondents for expansion of the business of respondent No.1. The respondents undertook to repay the loan in 36 equated monthly installments of Rs.36,729/- (Rupees Thirty Six Thousand Seven Hundred Twenty Nine Only). Clause 8.2 of the agreement provided for resolution of disputes through arbitration. 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 30/07/2026 at 14:19:10 2.2 Disputes arose between the parties on account of default in repayment of the loan and breach of the terms of the agreement. The petitioner invoked the arbitration agreement by issuing a notice dated 04.04.2025 under Section 21 of the Act. Hence, the present petition. 3. The respondents were proceeded ex parte in this petition vide order dated 10.04.2026. Today, none appears for the respondents. 4. The arbitration clause of the agreement is as under:- “8.2 Arbitration: Any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between the Parties or their respective representatives or assigns, arising out of or in connection with this Agreement (or the subject matter of this Agreement), including, without limitation, any question regarding its existence, validity, interpretation, construction, performance, enforcement, rights and liabilities of the Parties, or termination ("Dispute"), shall be referred to a sole arbitrator duly appointed by the Lender. The language of the arbitration shall be English. The seat of the arbitration shall be at New Delhi and the language of proceedings shall be English. The award rendered shall be in writing and shall set out the reasons for the arbitrator's decision. The costs and expenses of the arbitration shall be borne equally by each Party, with each Party paying for its own fees and costs including attorney fees, except as may be determined by the arbitration tribunal. Any award by the arbitration tribunal shall be final and binding.” 5. There is arbitration clause agreed between the parties and prima facie there is a dispute between the parties. The petition is allowed by appointing Mr. Yajur Sharma, Advocate (Mob.9818669604) as the sole arbitrator for adjudication of the disputes which have arisen between the parties. 6. The fees of the learned Arbitrator will be governed by Schedule IV of the Act. Before entering upon reference, the learned Arbitrator will comply 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 30/07/2026 at 14:19:10 with Section 12 of the Act. 7. 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. 8. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J JULY 24, 2026 Ch/KP 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 30/07/2026 at 14:19:10