IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:30.03.2026 Kotak Mahindra Prime Ltd.

......Petitioner Versus Balwinder Kaur and others ......Respondents CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Ramdeep Partap Singh, Advocate for the petitioner.

None for the respondents.

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JASGURPREET SINGH PURI J.(Oral)

1. The present is a petition filed under Section 11 (5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’), seeking appointment of a sole arbitrator in the present case.

2. Learned counsel for the petitioner submitted that a loan agreement (Annexure P-2) was entered into between the parties, wherein there exists an arbitration clause i.e. Clause 31 which provides that in case any dispute or difference arises between the parties, the same shall be settled by arbitration in accordance with the provisions of the Act and shall be referred to a sole arbitrator to be nominated by the Lender. He further submitted that an arbitrator cannot be appointed by the lender in view of the conflict of interest under Section 12(5) of the Act, and therefore, an independent sole arbitrator may be appointed by this Court. He als