M/S Tata Capital Ltd vs Sanwar Lal And Anr

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010381552026
+ ARB.P. 1458/2026
M/S TATA CAPITAL LTD .....Petitioner
Through: Mr. Sunil Sehrawat, Adv.
versus
SANWAR LAL AND ANR .....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT(ORAL)
% 03.11.2026
1. The present petition has been filed under Section 11(5) and
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11(6) of the Arbitration and Conciliation Act, 1996 seeking
appointment of an Arbitrator.

2. On the last date of hearing, notice was issued to the
Respondents and the Respondents were asked to file reply to the
present petition. However, the same has not been filed.

3. On a perusal of the affidavit of service, it appears that the notice
has been duly served on the Respondents.

4. Despite the opportunity so granted, none appears on behalf of
the Respondents. Respondents have also failed to file any reply to the
present petition.

5. In view thereof and considering that the Respondents have
chosen not to participate in the present proceedings, despite sufficient

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“Act” hereinafter
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Signing Date:03.11.2026
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ARB.P. 1458/2026 Page 1 of 4

service, this Court finds no impediment in proceeding to consider the
appointment of a Sole Arbitrator.

6. The tracking details placed on record establishes that the
Respondents have been duly served. The proof of service as reflected
from the tracking details is as follows:-












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Signing Date:03.11.2026
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ARB.P. 1458/2026 Page 2 of 4

7. The Petitioner claims an amount approximately Rs.11.18 lacs

8. 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.

9. In the present case, this Court is of the view that a valid and
binding agreement exists between the parties.

10. In the aforesaid circumstances, this Court finds no impediment
in appointing a Sole Arbitrator to adjudicate the disputes between the
parties.

11. Accordingly, Ms. Riddhi Jad, Advocate, (Mob.
No.8447276840) 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 two weeks from today.

12. 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 two weeks of entering reference.

13. 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.

Signature Not Verified
Signed By:GUNN
Signing Date:03.11.2026
20:00:23
ARB.P. 1458/2026 Page 3 of 4

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

15. It is clarified that the observations made herein are only for the
purpose of deciding the present petition under Section 11 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.

16. The Registry is directed to send a receipt of this order to Ms.
Riddhi Jad, learned Arbitrator through all permissible modes
including email.

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



OM PRAKASH SHUKLA, J
NOVEMBER 3, 2026/at

Signature Not Verified
Signed By:GUNN
Signing Date:03.11.2026
20:00:23
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