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2026 DAILYLAW 21989 (DEL)

M/S MONEYWISE FINANCIAL SERVICES PVT LTD v. ASHISH KUMAR

ARB.P./7/2026 · 2026-10-09

Prateek Jalan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

ARB.P. 7/2026 p. 1 $~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011077952025 + ARB.P. 7/2026 M/S MONEYWISE FINANCIAL SERVICES PVT LTD .....Petitioner Through: Ms. Preeti and Mr. Ranjit Kumar, Advocates. versus ASHISH KUMAR .....Respondent Through: Mr. Vaibhav Gandhi and Mr. Shivam Prajapati, Advocates. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 09.10.2026 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [the “Act”], seeking the appointment of an arbitrator in terms of the arbitration clause contained in the Appointment Letter dated 18.12.2023, for adjudication of the disputes that have arisen between the parties. 2. The respondent was appointed as a Manager in the petitioner- company vide Appointment Letter dated 18.12.2023. The said Appointment Letter contains an arbitration clause, being Clause 13, which provides for the resolution of disputes between the parties through arbitration and vests jurisdiction in the courts at Delhi. 3. The petitioner claims that disputes have arisen on account 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 13/10/2026 at 09:53:06 ARB.P. 7/2026 p. 2 certain breaches of the Appointment Letter and the consequential Bond of Indemnity. In view thereof, the petitioner invoked the arbitration clause by way of a notice dated 21.05.2025 under Section 21 of the Act, leading to the filing of the present petition. 4. Mr. Vaibhav Gandhi, learned counsel, has entered appearance on behalf of the respondent. Learned counsel for the parties do not dispute the existence of the arbitration clause or its invocation. They, however, submit that they are exploring the possibility of resolving their disputes amicably and seek an opportunity to pursue settlement through mediation. 5. In view of the aforesaid, and with the consent of learned counsel of parties, the petition is disposed of with the following directions: a) The parties are referred to mediation under the aegis of Samadhan, Delhi High Court Mediation and Conciliation Centre, Shershah Road, New Delhi – 110503. The parties shall appear before the learned Mediator on 30.10.2026. b) In the event the mediation proceedings are unsuccessful, the disputes between the parties will be adjudicated by arbitration under the aegis of the Delhi International Arbitration Centre [“DIAC”]. c) DIAC is requested to nominate an Arbitrator from its panel. The arbitration proceedings will be governed by the Rules of DIAC, including as to remuneration of the learned Arbitrator. d) DIAC is requested to keep the proceedings in abeyance for a period of eight weeks from today to enable the parties to attempt a mutually acceptable settlement. If the disputes are not settled in mediation, either party may approach DIAC after the expiry 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 13/10/2026 at 09:53:06 ARB.P. 7/2026 p. 3 eight weeks, and DIAC will appoint an arbitrator, who will enter upon the reference at that stage. e) The learned Arbitrator is requested to furnish a declaration under Section 12 of the Act, prior to entering upon the reference. 6. The petition, along with any pending applications, stands disposed of in the above terms. PRATEEK JALAN, J OCTOBER 9, 2026 SS/SD/ 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 13/10/2026 at 09:53:06