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IN THE HIGH COURT OF DELHI AT NEW DELHI
Harish Vaidyanathan Shankar, J
Moneywise Financial Services Pvt Ltd – Appellant
Versus
Shree Manibhadra Agency – Respondent
| Table of Content |
|---|
| 1. procedural facts, existence of arbitration clause, and service of notice established. (Para 1 , 2 , 3 , 4 , 5 , 10) |
| 2. referral court's scope under section 11 is limited to prima facie existence of the arbitration agreement. (Para 6 , 7 , 8) |
| 3. court finds valid agreement and service, warranting the appointment of an arbitrator. (Para 9) |
| 4. formal appointment of the arbitrator with procedural directions for cost and conduct. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
% JUDGEMENT (ORAL)
1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [“Act”], seeking appointment of a Sole Arbitrator to adjudicate upon the disputes inter se the parties, arising out of the Loan Agreement dated 29.02.2024 [“Agreement” executed between the parties.
2. The Agreement contains a dispute resolution mechanism, which contemplates adjudication of disputes, arising between the parties, by way of Arbitration. The relevant stipulation is contained as Clause 8.2 of the Agreement [“Arbitration clause”]. The same reads as follows:-
“8.2 Arbitration: Any disputes, differences, controversies and questions directly or indirectly arising at any ti
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