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DELHI HIGH COURT
V.KAMESWAR RAO
Hero Fincorp. Limited – Appellant
Versus
Techno Trexim (I) Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the loan agreements (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioner's arguments for arbitration enforcement (Para 8 , 9 , 10 , 11) |
| 3. non-arbitrability under rdb act and sarfaesi procedures (Para 15 , 18 , 19 , 20 , 29 , 30) |
| 4. implications of non-arbitrability and enforcement rights (Para 37 , 38) |
| 5. court’s observations on respondent's jurisdiction claims (Para 41 , 42 , 44 , 46) |
| 6. appointment of arbitrator for adjudication (Para 56 , 58 , 59) |
JUDGMENT
V. Kameswar Rao, J.
1. At the outset, I may state that since the captioned petitions being Arb. P. 1105/2021 and Arb. P. 1186/2021 arise from the same factual matrix, and have been filed by the same petitioner against the same respondents, I shall proceed to decide the petitions together. The present petitions have been filed by the petitioner under Section 11(5) of the Arbitration and Conciliation Act, 1996 with the following prayers:
"The Petitioner Company, therefore, respectfully prays as follows:
a) In terms of the Arbitration Clause/Article No.12.10 contained in the Master Facilities Agreement dated 26.12.2017 and further in terms of Clause 31 of the Deeds of Guarantee all dated 26.12.201
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