M/S Tata Capital Ltd vs Lakshman Meena And Anr

Court
Delhi High Court

$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010381382026
+ ARB.P. 1453/2026
M/S TATA CAPITAL LTD .....Petitioner
Through: Mr. Sunil Sehrawat, Advocate.
versus

LAKSHMAN MEENA AND ANR .....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT(ORAL)
% 14.10.2026
1. As per the affidavit of service filed on 12.10.2026, the service is
sufficient. However, no one has put in appearance for the
Respondents.

2. Accordingly, as service is sufficient, there is no impediment in
appointing an Arbitrator. There is no dispute to the arbitration
agreement.

3. It is well settled that, while exercising jurisdiction under Section
11 of the Act, the scope of enquiry is confined to examining the prima
1
facie existence of an arbitration agreement .


4. In the present case, there is no dispute with regard to the
existence of a valid arbitration clause between the parties. The same is

1
SBI General Insurance Co. Ltd. v. Krish Spinning 2024 SCC OnLine SC 1754

Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:17:41
ARB.P. 1453/2026 Page 1 of 4

reproduced herein below:

“13. Arbitration
If any dispute, difference or claim arises between any of the
Obligors and the Lender in connection with the Facility or as to
the interpretation, validity, implementation or effect of the Facility
Documents or as to the rights and liabilities of the parties under
these T&Cs or alleged breach of the Facility Documents or
anything done or omitted to be done pursuant to the Facility
Documents, the same shall be settled by arbitration by a sole
arbitration to be appointed as per the procedure below and to be
held at such place as agreed by the Parties in Serial No.13(a) of
Annexure 1 hereto of the Agreement.
The Party invoking the arbitration (“Claimant”) shall address a
notice to the other Party (“Respondent”) suggesting the names of
not more than three arbitrators, all of whom shall be either retired
judges of the District Court, High Court or the Supreme Court or a
lawyer having minimum 10 years' relevant experience.
The Respondent shall either:
(i) Confirm in writing acceptance of one amongst the proposed
names as the sole arbitrator to the Claimant within a period of ten
(10) days from the date of notice ("Notice Period"); or
(ii) Convey objection, if any, in writing to the Claimant, against
the proposed names of the sole arbitrator within the said Notice
Period.
However, if the Claimant does not receive any response from the
Respondent within the said Notice Period, the Claimant shall be
entitled to nominate any one person from amongst the proposed
three names as the sole arbitrator and such arbitrator shall be
deemed to be appointed by both the Parties. In the event, the
Respondent conveys its objection as per (ii) above, then the
appointment of the sole arbitrator shall be referred to the Council
for National and International Commercial Arbitration (CNICA)
and the arbitrator shall be appointed by them from their panel of
arbitrators.

The arbitration shall be conducted under the provisions of the
Arbitration and Conciliation Act, 1996 together with its
amendments, any statutory modifications or re-enactment thereof
for the time being in force. The arbitration proceeding shall be
conducted in English language. The award of the arbitrator shall
be final and binding on all parties concerned. The cost of
arbitration shall be borne by the Obligor/s.”

5. The claimed amount is stated to be Rs.10.43 lakhs approx.

Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:17:41
ARB.P. 1453/2026 Page 2 of 4

6. Accordingly, Mr. Devendra Kumar, Advocate (Mob.
No.7289854802) 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.

7. 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.


8. 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.

9. 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.

10. 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.

11. The Registry is directed to send a receipt of this order to Mr.
Devendra Kumar, learned Arbitrator through all permissible modes
Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:17:41
ARB.P. 1453/2026 Page 3 of 4

including email.

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



OM PRAKASH SHUKLA, J
OCTOBER 14, 2026/pa




Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:17:41
ARB.P. 1453/2026 Page 4 of 4