IN THE HIGH COURT OF DELHI AT NEW DELHI
TATA CAPITAL LIMITED – Appellant
Versus
SHREE RAM ASSOCIATES & ORS. – Respondent
JUDGEMENT (ORAL)
1. The present Petition, under Section 11(6) of the Arbitration and Conciliation Act, 1996, (The Act), seeks the appointment of an Arbitrator for adjudication of disputes that are stated to have arisen inter se the parties in terms of Clause 19 of the Loan Agreement dated 30.01.2019. The said clause reads as follows:
“19. DISPUTE RESOLUTION, GOYERNING LAW AND JURISDICTION
19.1 If any dispute, difference or claim arises between the Obligors and the Lender in connection with the Facility or the security or as to the interpretation, validity, implementation or effect of the Facility Documents or as to the rights and liabilities of the parties under the Facility Documents or alleged breach of the Facility Documents or anything done or omitted to be done pursuant to the Facility Documents, the same shall be settled by arbitration to be held in Mumbai/Delhi/Kolkata/Chennai as may be decided by the Lender in Accordance with the Arbitration and Conciliation Act, 1996, or any statutory amendments thereto and shall he referred to a sole arbitrator to be appointed by the Lender. The award of the arbitrator shall be final and binding on all parties concerned.
19.2 The Facility Doc
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