Loan default led the petitioner to invoke the arbitration clause in a Loan Agreement; respondent failed to respond to the Section 21 notice. Respondent was set ex parte after publication service, and the court requested DIAC to appoint a Sole Arbitrator under DIAC rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~5
Through: Mr. Abu John Mathew, Advocate. versus PALANIVEL RAJAN B .....Respondent Through: None.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 16.05.2025
Page 1 of 3
ARB.P. 1039/2024
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 30/06/2025 at 23:36:34
matter. In the interest of justice, adverse order was deferred listing the matter for today and making it clear that in case the Respondent chooses to remain unrepresented on the next date, Court shall proceed in his absence.
“(i) All disputes, differences and/or claim or questions arising out of these presents or in any way touching or concerning the same or as to constructions, meaning or effect thereof or as to the right, obligations and liabilities of the parties hereunder shall be referred to and settled by arbitration, to be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof, of a sole arbitrator to be nominated by the Lender, and in the event of death, unwillingness, refusal, neglect, inability or incapability of a person so appointed to act as an arbitrator, the Lender may appoint a new arbitrator to be a sole arbitrator. The arbitrator shall
Page 2 of 3
ARB.P. 1039/2024
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 30/06/2025 at 23:36:34
not be required to give any reasons for the award and the award of the arbitrator shall be final and binding on all parties concerned. The arbitration proceedings shall be held Mumbai/Delhi.”
JYOTI SINGH, J
MAY 16, 2025/ RW/shivam
Page 3 of 3
ARB.P. 1039/2024
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 30/06/2025 at 23:36:34
1 issue framed by the court
Whether a Sole Arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for disputes arising out of a defaulted Loan Agreement.
4 provisions across 2 enactments
Axis Finance Limited
Palanivel Rajan B
Jyoti Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
