$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1995/2025 AXIS FINANCE LIMITED .....Petitioner Through: Mr. John Mathew, Advocate (through VC)

versus CHANDANSINGH GOVINDSINGH MEHTA & ANR.

.....Respondents Through: Mr. Gaurav Patel, Advocate CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 22.01.2026

1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), thereby, seeking appointment of a Sole Arbitrator for adjudication of the disputes between the parties, arising out of the Loan Agreement dated 21^st February, 2023 (“Loan Agreement”).

2. The petitioner, i.e., Axis Bank Limited, had provided a personal loan of Rs. 30,16,981/- along with interest rate at 14% per annum, to the respondents, which was to be repaid in eighty-four (84) equal monthly installments., as per the terms of the Loan Agreement.

3. Learned counsel for the petitioner submits that the respondents were irregular in making repayments during the tenure of the Loan Agreement, and made their first default in payment on 05^th October, 2023, and thereafter, the respondents had been making continuous defaults in payment. Therefore, the petitioner issued a notice dated 13^th November, 2024 under Section 21 of the Arbitration Act, thereby, invoking the arbitration under Clause 14 of the Loan Agreement, to resolve the disputes between the parties.

4. It is submitted that, no reply was made to the said notice for invoking arbitration bythe respondents.

5. It is submitted that on account of the continuous default of payments and as per the statement of account maintained by the petitioner, the respondents are liable to make payments to the tune of Rs. 28,39,333/- as on

12^th November, 2024.

6. This Court notes that the Loan Agreement contains an arbitration clause, i.e., Clause 14, which reads as under:

“xxxxxxxxx “14.Arbitration:

(i) All disputes, differences and/or claim or questions arising out of these presents or in any way touching or concerningthe same or as to constructions, meaning or effect thereof or as to the right, obligations and liabilities of the parties hereunder shall be referred to and settled by arbitration, to be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof, of a sole arbitrator to be nominated by the Lender, and in the eventofdeath,unwillingness,refusal,neglect,inabilityor incapability of a person so appointed to act as an arbitrator, the Lender may appoint a new arbitrator to be a sole arbitrator. The arbitrator shall not be required to give any reasons for the award and the award of the arbitrator shall be final and binding on all parties concerned. The arbitrationproceedingsshallbeheldMumbai/Delhi.

(ii) Notwithstanding anything to the contrary contained herein, any dispute, controversy or claim arising out of or relating to this contract, including its construction, meaning, scope or validity thereof, shall be resolved and settled by arbitration under the Arbitration and Conciliation Act, 1996 (as amended) which may be administered electronically under Online Dispute Resolution (ODR), inaccordancewithitsDisputeResolutionRules(“Rules”).

(iii) The parties consent to carry out the aforesaid proceedings electronically via the email addresses and / or mobile numbers as per AxisFinancerecords,updatedfromtimetotime.

(iv) The parties agree that the aforesaid proceedings shall be carried out by a sole arbitrator appointed under the Rules. The juridical seat of arbitration shall be Delhi/Mumbai, India and the aforesaid proceedings shall be subject to the exclusive jurisdiction of the competentcourtsinDelhi/Mumbai, India. The language ofarbitration shall be English. The law governing the arbitration proceedings shall be Indian law. The decision of the arbitrator shall be final and bindingontheparties.

xxxxxxxxx”

7. Learned counsel appearing for the respondents does not dispute the arbitration clause, i.e., Clause 14 of the L