Petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for loan default disputes. Respondents had no objection. Petition allowed, appointing a sole arbitrator.
Appointment of Justice Rajiv Shakdher (Retd.) as Sole Arbitrator.
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ADITYA BIRLA FINANCE LIMITED .....Petitioner Through: Mr Mahip Datta, Mr Aman Vasisth and Mr Mann Khare, Advs. (through VC)
versus
ANA TRANSCOM PRIVATE LIMITED AND ORS
.....Respondents Through: Mr Akshay Ringe and Mr Dhananjay Gupta, Advs. for R-1, R-5 and R-7.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 21.10.2024
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petitioner issued Demand Notice dated 10.03.2023 under section 13(2) of the SARFAESI and also initiated SARFAESI proceedings.
“All claims or disputes arising out of or in relation to this agreement shall be settled by arbitration. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the Lender. All parties to this agreement hereby expressly consent to the lender being the sole appointing authority. Any vacancy created in the arbitration tribunal, for any reason whatsoever, shall also be filled only by the Lender acting as the sole appointing authority. The place of arbitration shall be Delhi. Parties agree that the courts in Delhi shall have the exclusive jurisdiction to exercise all powers under the Arbitration and Conciliation Act, 1996 ....”
This is a digitally signed order.
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of disputes between the parties.
OCTOBER 21, 2024/ sr
JASMEET SINGH, J Click here to check corrigendum, if any
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:43:47
1 issue framed by the court
Whether the petitioner is entitled to the appointment of an arbitrator for adjudication of loan repayment disputes?
1 provisions across 1 enactments
ADITYA BIRLA FINANCE LIMITED
ANA TRANSCOM PRIVATE LIMITED AND ORS
Jasmeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
