$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 179/2025 M/S MONEYWISE FINANCIAL SERVICES PVT. LTD .....Petitioner Through: Ms. Mehvish Khan, Ms. Preeti, Ms. Nimisha Jain & Mr. Aman Choudahry, Advs. versus GEETA GAS THROUGH ITS PARTNERS AND ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 26.05.2025 1. This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to adjudicate the disputes between the parties, arising out of a Master Loan Agreement dated 29.04.2023. 2. Pursuant to the said Agreement, the petitioner advanced a loan of Rs.20,23,882/- to the respondents. 3. The respondents were obligated to repay the said loan amount in equal monthly installments of Rs.73,168/- over 36 months. 4. The respondent no. 1 is the principal borrower and is a partnership firm, whereas respondent nos. 2 and 3 are the co-borrowers. 5. The said Agreement contains an arbitration clause, being Clause 8.2, which reads as under:- “8.2. Arbitration: Any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter 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 23:44:43 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") thereof shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended (“Arbitration Act”). The Dispute shall be referred to a sole arbitrator duly appointed by the Parties with mutual consent failing which the site wiburator shall be appointed in accordance with the Arbitration Act. The language of the deration shall be English. The seat of the arbitration shall be at Delhi and the language of proceedings shali be English. The award rendered shall be in writing and shall set out the reasons for the alberator's decision. The costs and expenses of the arbitration shall be borne equally by cach Party, with each Party paying for its own fees and costs including attorney fees, exceptas amay be determined by the arbitration tribunal. Any award by the arbitration tribunal shall be final ond binding.” 6. Since there were disputes between the parties, the petitioner issued a Loan Recall Notice dated 05.03.2024 and a Legal Notice invoking 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 23:44:43 arbitration on 24.10.2024. 7. I am informed that the mediation between the parties has failed. 8. Neither is anybody appearing on behalf of the respondents nor has a reply been filed by the respondents. 9. Ms. Khan, learned counsel for the petitioner, presses the petition. 10. Since the disputes are pending, I am of the view that the same needs to be adjudicated through the arbitral mechanism. 11. With these directions, the petition is allowed and the following directions are issued:- i) Mr. Ajay Vikram Singh, Advocate (Mob. No. 9868632122) 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 claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of 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 23:44:43 either of the parties, are left open for adjudication by the learned arbitrator. vi) The petitioner shall approach the learned Arbitrator within two weeks from today. 12. The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J MAY 26, 2025/pk 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 23:44:43