$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1842/2025 TATA CAPITAL LIMITED TRANSFEREE OF TATA CAPITAL FINANCIAL SERVICES LTD .....Petitioner Through: Mr. Sanidhya Sonthalia and Ms. Ekta Bhasin, Advs.

versus BEST HAWK INFOSYSTEMS PVT LTD AND ORS .....Respondents Through: Mr. Saif Uddin Khan, Advocate CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 18.12.2025

1. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties.

2. The brief facts are that the respondents approached the petitioner for financial assistance. The petitioner sanctioned a Channel Finance Facility to the tune of Rs. 2.50 crores. Thereafter, the parties entered into a Loan Cum Guarantee Agreement dated 23.03.2023. The respondent No.1 is the principal borrower and the respondent Nos. 2 and 3 are the guarantors.

3. The said Agreement contains an arbitration clause being Clause No.

12 which reads as under:-

“12. Arbitration If any dispute, difference or claim arises between any of the Obligors and the Lender in connection with the Facility or as to the interpretation, validity, implementation