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* 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:

ARB.P.1847/2025 Page1of3

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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.

5. Hence, the petitioner has been constrained to approach this Court by

way of the present petition.

6. As per the report of the Registry, the respondents have been served

through e-mail.

7. An affidavit of service has also been filed on behalf of the petitioner,

in terms of which the respondents have been served through email and

WhatsApp.

8. None appears on behalf of the respondents, despite service.

9. Notice in the present petition was issued on 6^th November, 2025. No

reply has been filed on behalf of the respondents to the present petition.

10. In my view, the disputes between the parties can be decided in terms

of the remedy of the arbitration as provided in the aforesaid Agreement. I

am satisfied that there exists a valid arbitration agreement.

ARB.P.1847/2025 Page2of3

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11. Accordingly, the dispute between the parties under the aforesaid

Agreement is referred to the Arbitral Tribunal comprising a Sole Arbitrator.

The following directions are issued in this regard:

i. Mr. Kushagra Pandit, Advocate (Mob. No. +91-9873137839) is

appointed as a Sole Arbitrator to adjudicate the disputes

between the parties.

ii. The Arbitrator is requested to furnish a declaration in terms of

Section 12 of the Act prior to entering into the reference. In the

event there is any impediment to the Arbitrator’s appointment

on that count, the parties are given liberty to file an appropriate

application before this Court.

iii. The remuneration of the Arbitrator shall be in terms of

Schedule IV of theAct.

iv. The parties shall approach the Arbitrator within two (2) weeks

from today.

12. It is made clear that all the rights and contentions of the parties,

including the arbitrability of any of the claims and/or counterclaims, any

other preliminary objection, as well as claims on merits of the dispute of

either of the parties, are left open for adjudication by the Arbitrator.

13. The petition stands disposed of in the aforesaid terms.

14. Needless to state, nothing in this order shall be construed as an

expression of this Court on the merits of the case.

AMIT BANSAL, J

DECEMBER 22, 2025

at

ARB.P.1847/2025 Page3of3

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 20/01/2026 at 01:06:44