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DELHI HIGH COURT
SANJEEV NARULA
De Lage Landen Financial Services India Pvt. Ltd. – Appellant
Versus
Parhit Diagnostic Private Limited – Respondent
| Table of Content |
|---|
| 1. petitioner requests adjudication on loan-related disputes. (Para 1 , 2) |
| 2. parties dispute maintainability of arbitration invocation. (Para 4 , 5) |
| 3. court analyzes procedural validity of arbitration requests. (Para 6 , 7 , 8) |
| 4. notice under section 21 deemed sufficient for arbitration. (Para 9 , 10 , 11 , 12) |
| 5. court addresses objections and confirms notification sufficiency. (Para 13 , 14 , 15 , 16) |
| 6. petition granted; sole arbitrator appointed. (Para 17 , 18 , 19 , 20 , 21) |
| 7. case disposed with parties free to assert claims. (Para 22) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Sanjeev Narula, J. (Oral):--The Petitioner-lender seeks adjudication of disputes that have arisen in relation to a loan transaction with the Respondent-borrower. Since the Arbitration Clause, as worded, gives unilateral right of appointment to the Petitioner-lender, which is impermissible under the scheme of the Arbitration and Conciliation Act, 1996 [hereinafter, `the Act'], the present petition has been filed under Section 11 (4) and 11(6) of the Act for appointment of an independent Sole Arbitrator.
BRIEF FACTS
2. The facts leading up to the filing of the present petition are encapsulated in br
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