Moneywise Financial Services Pvt Ltd vs Mr Sandeep Yadav Proprietor Of Puspit Enterprises And Ors

Court
Delhi High Court

$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010016512026
+ ARB.P. 141/2026
MONEYWISE FINANCIAL SERVICES PVT LTD
.....Petitioner
Through: Ms. Mehvish Khan, Adv.

versus

MR SANDEEP YADAV PROPRIETOR OF PUSPIT
ENTERPRISES AND ORS .....Respondents
Through: None.

CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT(ORAL)
% 15.10.2026

1. The present petition has been filed under Section 11 of the
Arbitration and Conciliation Act, 1996, seeking appointment of a Sole
Arbitrator in terms of Clause 8.2 of the Loan Agreement dated
29.07.2024 executed between the parties.

2. Vide order dated 05.05.2026, it was recorded that dasti service
was attempted on the Respondents through the Assistant Manager of
the Petitioner Company. However, the Respondents refused to accept
dasti service.

3. Further, a fresh notice was also issued vide order dated
16.07.2026.

4. On a perusal of the affidavit of service dated 06.10.2026 filed
Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:23:18
ARB.P. 141/2026 Page 1 of 7

by the Petitioner, it appears that notice has been duly served upon
Respondent No. 1, whereas service is refused by Respondent Nos. 2
and 3. The proof of service, as reflected in the tracking details, is
annexed hereinbelow:


Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:23:18
ARB.P. 141/2026 Page 2 of 7

Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:23:18
ARB.P. 141/2026 Page 3 of 7

Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:23:18
ARB.P. 141/2026 Page 4 of 7

5. In view thereof and considering that the Respondents have
chosen not to participate in the present proceedings, this Court is
constrained to proceed ex-parte and to consider the appointment of a
Sole Arbitrator on the basis of the material on record.

6. It is well settled that, while exercising jurisdiction under Section
11 of the Act, the scope of enquiry is confined to examining the prima
facie existence of an arbitration agreement.

7. In the present case, there is no dispute with regard to the
existence of a valid arbitration clause between the parties. The
arbitration clause is reproduced as below:-

8.2 Arbitration: Any disputes, differences, controversies and
questions directly or indirectly arising at any time hereafter
between the Parties or their respective representatives or assigns,
arising out of or in connection with this: Agreement (or the subject
matter of this Agreement), including, without limitation, any
question regarding its existence, validity, interpretation,
construction, performance, enforcement, rights and liabilities of the
Parties, or termination ("Dispute") thereof shall be finally settled
by arbitration in accordance with the Arbitration and Conciliation
Act, 1996, as amended ("Arbitration Act"). The Dispute shall be
referred to a sole arbitrator duly appointed by the Parties with
mutual consent failing which the sole arbitrator shall be appointed
in accordance with the Arbitration Act. The language of the
arbitration shall be English. The seat of the arbitration shall be at
Delhi and the language of proceedings shall be English. The award
rendered shall be in writing and shall set out the reasons for the
arbitrator's decision. The costs and expenses of the arbitration shall
be bone equally by each Party, with each Party paying for its own
fees and costs including attorney fees, except as may be determined
by the arbitration tribunal. Any award by the arbitration tribunal
shall be final and binding.

8. In the aforesaid circumstances, this Court finds no impediment
in appointing a Sole Arbitrator.
Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:23:18
ARB.P. 141/2026 Page 5 of 7

9. Accordingly, Ms. Rajni Anand, Advocate, (Mob. No.
9891593401) is appointed as a learned Sole Arbitrator to adjudicate
the disputes arisen between the parties. The learned Sole Arbitrator
shall enter upon the reference within three weeks from today.

10. The learned Sole Arbitrator will proceed to the arbitration
proceedings subject to furnishing requisite disclosures as required
under Section 12(2) of the Act within three weeks of entering
reference.


11. The arbitration shall be carried under the rules and aegis of
Delhi International Arbitration Centre (“DIAC”). The learned
Arbitrator shall be entitled to fees as per the Schedule of Fees
maintained by the DIAC.

12. It shall be open to the parties to raise all pleas, including, before
the learned Sole Arbitrator including with respect to the impleadment
of parties, objection as to arbitrability and jurisdiction before the
learned Sole Arbitrator, who shall consider the same in accordance
with law.

13. It is clarified that the observations made herein are only for the
purpose of deciding the present petition under Section 11(6) of the
Act. The learned Sole Arbitrator shall adjudicate the disputes
independently and on their own merits, uninfluenced by any
observations contained in the present order.

Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:23:18
ARB.P. 141/2026 Page 6 of 7

14. The Registry is directed to send a receipt of this order to Ms.
Rajni Anand, learned Arbitrator through all permissible modes
including email.

15. Accordingly, the present petition is disposed of in the above
terms.



OM PRAKASH SHUKLA, J
OCTOBER 15, 2026/at


Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:23:18
ARB.P. 141/2026 Page 7 of 7