ARB.P. 1237/2026 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010335192026 + ARB.P. 1237/2026 TATA CAPITAL LIMITED .....Petitioner Through: Mr. Nachiketa Suri, Mr. Raj Kumar and Mr. Shivam Pandey, Advocates. versus SHAILENDRA KUMAR KUSHWAHA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 23.09.2026 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 19961 seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties. 2. The Petitioner is a financial services company engaged, inter alia, in providing business and personal loans. The Respondent, a sole proprietor of GRS Traders, approached the Petitioner in February 2023 for a business loan. Pursuant thereto, a loan of Rs.20,30,289/- was sanctioned to the Respondent under Loan Agreement dated 26.02.2023. 1 “Act” hereinafter Signed By:PRAGYA ARORA Signing Date:26.09.2026 16:30:09 Signature Not Verified ARB.P. 1237/2026 3. According to the Petitioner, the Respondent committed defaults in payment of the EMIs from 05.01.2026. Therefore, the Petitioner issued a Loan Recall Notice dated 28.05.2026, calling upon the Respondent to pay the outstanding amount of Rs.2,37,839/-. 4. As the amount remained unpaid, the Petitioner issued a notice dated 03.07.2026 invoking Clause 9 of the Loan Agreement, which provides for resolution of disputes through Arbitration and reads as follows: “9. Arbitration If any dispute, difference or claim arises between any of the Obligors and the Lender in connection with the Facility or as to the interpretation, validity, implementation or effect of the Facility Documents or as to the rights and liabilities of the parties under the Facility Documents or alleged breach of the Facility Documents or anything done or omitted to be done pursuant to the Facility Documents, the same shall be settled by arbitration to be held at the place as mentioned at Serial No.13 of Annexure 1 hereto in accordance with the Arbitration and Conciliation Act, 1996, or any statutory amendments thereto and shall be referred to a sole arbitrator to be appointed by the Lender, The award of the arbitrator shall be final and binding on all parties concerned. The arbitration proceedings shall be in English language. Cost of arbitration shall be borne by the Obligors.” 5. It is borne out from affidavit of service filed by the Petitioner that service is sufficient. However, none appears on behalf the Respondent. 6. It is well settled that that scope of enquiry in proceedings under Section 11 of the Act is confined to the prima facie existence of an arbitration agreement. Signed By:PRAGYA ARORA Signing Date:26.09.2026 16:30:09 Signature Not Verified ARB.P. 1237/2026 7. In the present case, there is no dispute with regard to the existence of the arbitration agreement. Therefore, this Court finds no impediment in referring the matter to an Arbitrator. 8. Accordingly, the Delhi International Arbitration Centre (“DIAC”) is directed to appoint a learned Sole Arbitrator to adjudicate the disputes arising between the parties within one week. The learned Sole Arbitrator shall enter upon the reference within three weeks from the date of appointment by the DIAC. 9. The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act. 10. The arbitration shall be carried under the rules and aegis of DIAC. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. 11. It shall be open to the parties to raise all pleas, including objection as to arbitrability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law. 12. It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11(6) of the Act. The learned Sole Arbitrator shall adjudicate the disputes independently and on their own merits, uninfluenced by any observations contained in the present order. Signed By:PRAGYA ARORA Signing Date:26.09.2026 16:30:09 ARB.P. 1237/2026 13. Accordingly, the present petition is disposed of in the above terms. OM PRAKASH SHUKLA, J SEPTEMBER 23, 2026/pa Signed By:PRAGYA ARORA Signing Date:26.09.2026 16:30:09