Abhiyan Capital (India) Pvt.Ltd. vs Mohanram & Anr.

Court
Delhi High Court

$~7
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.08.2026
# CNR No. DLHC011056782025
ARB.P. 2132/2025
+
ABHIYAN CAPITAL (INDIA) PVT.LTD. .....Petitioner
Through: Ms. Priyaranjan Kumar, Advocate.
versus

MOHANRAM & ANR. .....Respondents
Through:

CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA


SACHIN DATTA, J. (ORAL)

1. The present petition has been filed under Section 11(6) of the

Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “ A & C
Act ”) seeking appointment of a sole arbitrator to adjudicate the disputes
which have arisen between the parties.
2. The disputes between the parties have arisen in the context of a Loan
Agreement dated 22.02.2025 (hereinafter referred to as “ Loan Agreement ”)
executed between the petitioner and the respondents, pursuant to which the
petitioner had sanctioned a loan facility of Rs.4,93,269/- to the respondents.
3. The petitioner claims that the respondents committed defaults in
repayment of the loan facility, pursuant to which a loan recall/demand notice
dated 23.09.2025 was issued to the respondents. Thereafter, vide notice
invoking arbitration dated 29.10.2025 under section 21 of the A &C Act, the
Signature Not Verified
ARB.P. 2132/2025 Page 1 of 5

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:02.09.2026
11:53:43

petitioner invoked the arbitration clause contained in Clause 33 of the Loan
Agreement.
4. The arbitration clause in the Loan Agreement between the parties, is
in the following terms:


5. In the present proceedings, notice was issued by this Court vide order
dated 23.12.2025. Thereafter, the petitioner has placed on record an affidavit
of service stating that, pursuant to said order, notices along with the
complete set of the petition were dispatched to the respondents through
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ARB.P. 2132/2025 Page 2 of 5

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:02.09.2026
11:53:43

courier as well as through email. The respondents were served via email at
[email protected]. The postal tracking reports placed on record reflect
the endorsement “delivered” .
6. Thereafter, due to some discrepancy between the courier service and
speed post service, a fresh notice was issued vide order dated 23.01.2026 and
then again vide order dated 01.04.2026, passed by this Court in the present
proceedings. Pursuant to the said order dated 01.04.2026, the notices along
with the complete set of the petition and annexures was dispatched to the
respondents through courier, however, the said consignment was returned on
25.04.2026 with the postal remark “unclaimed” .
7. The petitioner has also placed on record proof of service through
electronic mail, including the latest email dated 23.02.2026 forwarding a
copy of the Court notice along with the petition to the respondents.
8. Section 3 of the A&C Act contemplates that a written communication

is deemed to have been received if it is sent to the addressee’s last known
place of business or mailing address by any means which provides a record
of the attempt to deliver it. In the present case, the petitioner has taken due
steps to effect service on the respondents and has thereby discharged its onus
to effect service on the respondents.
9. In view of the aforesaid, the respondents are deemed to have been
duly served. The present petition is taken up for hearing and disposal,
despite no appearance on behalf of the respondents.
10. Since the existence of the arbitration clause is evident from a perusal
of Clause 33 of the Loan Agreement, there is no impediment in constituting
an Arbitral Tribunal for adjudication of the disputes between the parties. In
Signature Not Verified
ARB.P. 2132/2025 Page 3 of 5

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:02.09.2026
11:53:43

view of the law laid down by the Supreme Court in SBI General Insurance
Co. Ltd. v. Krish Spinning , (2024) 12 SCC 1, read with Interplay Between
Arbitration Agreements under Arbitration and Conciliation Act, 1996 &
Stamp Act, 1899, In re , (2024) 6 SCC 1, and Aslam Ismail Khan
Deshmukh v. ASAP Fluids Private Limited & Anr. , (2025) 1 SCC 502, the
scope of examination under Section 11 of the A&C Act is limited and this
Court is only required to ascertain the existence of a valid arbitration
agreement before appointing an independent sole Arbitrator.
11. It is further noticed that the arbitration clause contained in the said
Loan Agreement contemplates the unilateral appointment of a Sole
Arbitrator by the petitioner herein. In view of the dicta laid down in the
judgments of the Supreme Court in Perkins Eastman Architects DPC v.
HSCC (India) Ltd. , (2020) 20 SCC 760, TRF Limited v. Energo
Engineering Projects Ltd. (2017) 8 SCC 377, and Bharat Broadband
Network Limited v. United Telecoms Limited , 2019 SCC OnLine SC 547
and Hindustan Construction Co. Ltd. v. Bihar Rajya Pul Nirman Nigam
Ltd. , (2026) 3 SCC 264, it is incumbent on this Court to appoint an
independent sole arbitrator to adjudicate the disputes between the parties.
12. Accordingly, Mr. Aditya Awasthi, Advocate (Mobile No. +91
9873394093) is appointed as the Sole Arbitrator to adjudicate the disputes
between the parties.
13. The respondent shall be at liberty to raise preliminary objections as
regards arbitrability/jurisdiction, if any, which shall be decided by the Sole
Arbitrator in accordance with law.
Signature Not Verified
ARB.P. 2132/2025 Page 4 of 5

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:02.09.2026
11:53:43

14. The learned Sole Arbitrator may proceed with the arbitration

proceedings subject to furnishing disclosure as required under Section 12 of
the A&C Act.
15. Let arbitration take place under the aegis of and as per the rules of the
Delhi International Arbitration Centre (DIAC).
16. All rights and contentions of the parties in relation to the
claims/counter claims are kept open, to be decided by the learned Sole
Arbitrator on merits, in accordance with law.
17. Needless to say, nothing in this order shall be construed as an
expression of opinion of this court on the merits of the case.
18. The present petition stands disposed of in the above terms.



SACHIN DATTA, J
at/ka
AUGUST 21, 2026/


Signature Not Verified
ARB.P. 2132/2025 Page 5 of 5

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:02.09.2026
11:53:43