Under Section 11(6) of the Arbitration and Conciliation Act, 1996, the referral court's jurisdiction is strictly limited to a prima facie examination of the existence of a valid arbitration agreement, leaving the adjudication of merits and validity to the Arbitral Tribunal.

JUDGEMENT (ORAL)

1. In view of Notification No. 77/I-G-4/Genl.-I/DHC dated 26.05.2026, whereby the matters fixed for 28.05.2026 were directed to be taken up on 29.05.2026, the present matter is taken up today.

2. The present Petition, filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeks the appointment of a Sole Arbitrator to adjudicate upon the disputes stated to have arisen inter se the parties in terms of Clause 14 of the Personal Loan Agreement dated 12.10.2022, Agreement, as executed between the parties. The relevant clause, being Clause 14 of the Agreement, reads as follows:

“14. Arbitration:

(i) All disputes, differences and/or claim or questions arising out of these presents or in any way touching or concerning the 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 event of death, unwillingness, refusal, neglect, inability or 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 arbitration proceedings shall be held Mumbai/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), in accordance with its Dispute Resolution Rules (“Rules”).

(iii) The parties consent to carry out the aforesaid proceedings electronically via the email addresses and / or mobile numbers as per Axis Finance records, updated from time to time.

(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 competent courts in Delhi/Mumbai, India. The language of arbitration shall be English. The law governing the arbitration proceedings shall be Indian law. The decision of the arbitrator shall be final and binding on the parties”

3. Material on record reveals that the statutory requirement of notice under Section 21 of the Act stands duly complied with by the Petitioner vide Notice dated 05.02.2024.

4. Perusal of the Order sheets reflects that notice was issued in the present Petition vide Order dated 17.03.2026 and Order dated 08.05.2026 reflects that the Respondent was duly served and, subsequent to completion of service, the matter had been listed today for appearance on behalf of the Respondent; however, none appeared on his behalf, nor has any reply been filed even today.

5. In view of the aforesaid, and considering that all statutory requirements stand fulfilled, this Court is of the view that despite due service, the Respondent has chosen neither to enter an appearance nor participate in the present proceedings. Accordingly, this Court finds no impediment in referring the disputes arising inter se the parties to Arbi