ARB.P.1637/2025 p. 1 $~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % # CNR No. DLHC010766312025 Date of Decision: 12.08.2026 + M/S CLIX CAPITAL SERVICES PVT LTD .....Petitioner ARB.P. 1637/2025 Through: Ms. Akansha Maheshwari, Adv. versus DR RAJA RAMANAN @ T.G. RAJARAMANAN (BORROWER) & ANR. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (ORAL) 1. The present petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter “A&C Act”) seeking constitution of an Arbitral Tribunal to adjudicate the disputes between the parties. 2. The disputes between the petitioner and the respondent no.1 have arisen in the context of Facility-cum-Hypothecation Agreement dated 21.09.2022. The same contains an Arbitration Clause which reads as under:- 8.7. ARBITRATION 8.7.1 In case of any dispute arising out of or in relation to the Transaction Documents, the Party shall settle the dispute through arbitration under the Indian Arbitration and Conciliation Act, 1996 (amendments thereto). The arbitration shall be referred to a sole arbitrator appointed by the Lender. The venue of arbitration proceedings shall be New Delhi, India. All proceedings shall be in English. 8.7.2 The award of the arbitrator shall be final and binding on the Parties and the expenses of the arbitration shall be borne in such ARB.P.1637/2025 p. 2 manner as the arbitrator may determine. 3. A notice invoking Arbitration Agreement dated 24.09.2025 was sent by the petitioner to the respondent no.1. The same, however, was not responded to. In the circumstances, the present petition has been filed seeking constitution of an Arbitral Tribunal to adjudicate the disputes between the parties. 4. The existence of the Arbitration Agreement is apparent from perusal of the Arbitration Clause. In terms thereof, the seat of Arbitration is New Delhi. Consequently, this Court has jurisdiction to entertain the present petition. 5. In terms of the judgment of the Supreme Court in Perkins Eastman Architects DPC v. HSCC (India) Ltd, (2020) 20 SCC 760, TRF Limited v. Energo Engineering Projects Ltd, (2017) 8 SCC 377, Bharat Broadband Network Limited v. United Telecoms Limited., 2019 SCC OnLine SC 547, SBI General Insurance Co. Ltd. v. Krish Spinning, 2024 INSC 532, it is incumbent on this Court to appoint an independent Sole Arbitrator to adjudicate the disputes between the parties. 6. It is noticed that only the petitioner and the respondent no.1 are parties to the aforesaid Facility-cum-Hypothecation Agreement dated 21.09.2022 of which arbitration clause has been invoked. 7. Considering the circumstances, this Court is inclined to appoint a Sole Arbitrator to adjudicate the disputes between the petitioner and the respondent no.1 under the Facility-cum- Hypothecation Agreement dated 21.09.2022. 8. Accordingly, Mr. Rahul Malhotra, Advocate (Mob. No. +91 ARB.P.1637/2025 p. 3 9871133184) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. 9. The petitioner seeks that the respondent no.2/ guarantor be also impleaded in the arbitration as he is veritable party to the arbitration agreement The petitioner shall be at liberty to move an application in this regard before the arbitral tribunal, which shall be considered in accordance with law. 10. The respondent shall be at liberty to raise preliminary objections as regards arbitrality/ jurisdiction, if any, which shall be decided by the Sole Arbitrator in accordance with law. 11. The learned Sole Arbitrator may proceed with the arbitration proceedings subject to furnishing disclosure as required under Section 12 of the A&C Act. 12. Let arbitration take place under the aegis of and as per the rules of the Delhi International Arbitration Centre (DIAC). 13. All rights and contentions of the parties in relation to the claims/counter claims are kept open, to be decided by the learned Sole Arbitrator on merits, in accordance with law. 14. Needless to say, nothing in this order shall be construed as an expression of opinion of this court on the merits of the case. 15. The present petition stands disposed of in the above terms. SACHIN DATTA, J AUGUST 12, 2026/uk