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2021 Supreme(Del) 2365

VIBHU BAKHRU
Balancehero India Private Limited – Appellant
Versus
Arthimpact Finserve Private Limite – Respondent


Advocates appeared:
Ashish Kumar, Advocate, Siddharth Khattar, Advocate, Neeraj Chaudhary, Advocate, Rakesh Jain, Advocate

JUDGMENT

Vibhu Bakhru, J. - The petitioner has filed the present petition, inter alia, praying that a Sole Arbitrator be appointed to adjudicate the disputes that have arisen between the parties.

2. On 01.10.2019, a Loan Agreement was entered into between the parties whereby the petitioner granted an unsecured loan of Rs.50 lakhs to the respondent for a period of six months.

3. The petitioner alleges that the respondent defaulted in repaying the loan. Accordingly, it issued a legal notice dated 02.07.2020 demanding a sum of Rs.53,66,250/- as against the aforesaid loan. The petitioner alleges that it did not receive any response to the said legal notice. Thereafter, on 06.08.2020, the petitioner invoked the Arbitration Clause. However, according to the petitioner, this also did not elicit any response from the respondent.

4. The learned counsel appearing for the respondent submits that the present petition is not maintainable as the seat of arbitration is Gurugram, Haryana and this Court does not have the jurisdiction to entertain the present petition.

5. The said Loan Agreement includes an Arbitration Clause that reads as under:-

    "10. GOVERNING LAW AND DISPUTE RESOUTION

      10.1 This Agreeme

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