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2026 DAILYLAW 13342 (DEL)

AXIS FINANCE LIMITED v. RAJENDRA KARBHARI PALVE & ANR.

ARB.P./857/2026 · 2026-07-23

Subramonium Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

ARB.P. 857/2026 $~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 857/2026 AXIS FINANCE LIMITED .....Petitioner Through: Mr. John Mathew, Advocate. versus RAJENDRA KARBHARI PALVE & ANR. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 23.07.2026 1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as “the Act”) seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under the Loan Agreement dated 27.05.2019 (hereinafter referred to as “Loan Agreement”). It is stated that under the Loan Agreement, the Petitioner had advanced a loan of Rs.8,25,000/- to the Respondents. 2. Disputes arose between the parties regarding failure in repayment of the amount under the Loan Agreement by the Respondent. 3. Material on record indicates that Clause 28 of the Loan Agreement contains an arbitration clause, by which the parties have agreed to get their disputes adjudicated through arbitration. Perusal of Clause 28 of the Loan Agreement shows that the seat of the arbitration shall be either Delhi or Mumbai, as may be decided by the Lender, i.e., the Petitioner herein. As 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 27/07/2026 at 15:03:12 ARB.P. 857/2026 such, this Court has jurisdiction to decide the present Petition. 4. Material on record further indicates that a Notice dated 09.10.2024 under Section 21 of the Act was sent to the Respondents invoking arbitration, which has not been replied to by the Respondents. 5. The Petitioner has, therefore, approached this Court seeking appointment of an Arbitrator to adjudicate upon the disputes having arisen under the Loan Agreement. 6. Notice in the present Petition was issued on 12.05.2026. 7. There is no appearance on behalf of the Respondents today. The Office Report indicates that the Respondents stand served. Service is, therefore, complete. 8. In view of the fact that disputes have arisen between the Parties and the Loan Agreement contains an arbitration clause, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties. 9. Accordingly, Ms. Kajal Sharma, Advocate (Mob. No: 9891425773) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties. 10. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. 11. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Act within two weeks of entering on reference. 12. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law. 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 27/07/2026 at 15:03:12 ARB.P. 857/2026 13. Needless to say, nothing in this Order shall be construed as an expression of this Court on the merits of the contentions of the parties. 14. The Petition stands disposed of in the above terms, along with pending application(s), if any. SUBRAMONIUM PRASAD, J JULY 23, 2026 S. Zakir 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 27/07/2026 at 15:03:12