$~40

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1847/2025

ABHIYAN CAPITAL INDIA PVT LTD .....Petitioner

Through: Mr. Varun Tyagi, Mr. Mayank

Mahajan, Mr. Akshay Sharma, Ms. Aditi Gupta Mahajan & Ms. Vaishali

Sharma, Advocates.

versus

OM PRAKASH & ANR. .....Respondents

Through:

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 22.12.2025

1. The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, (hereinafter ‘Act’) seeking appointment of a Sole Arbitrator for the adjudication of the disputes between the parties arising out of the Loan Agreement dated 31^st July, 2024

(hereinafter ‘Agreement’).

2. In terms of the aforesaid Agreement, the respondents availed a loan

facility of Rs. 4,15,122/- from the petitioner.

3. The aforesaid Agreement contains an arbitration clause, i.e. Clause 33A, which provides for New Delhi as the seat of arbitration. The said

Clause is set out below:

4. Since there were disputes between the parties, the petitioner sent a notice dated 27^th August, 2025 to the respondents under Section 21 of the Act, invoking the aforesaid arbitration clause. However, the respondents failed to respond to the aforementioned invocation notice.