Disposed

Moneywise Financial Services Pvt. Ltd. v. Kanti Enterprises through Its Proprietor Sh. Rajiv Dhingra and Anr.

Delhi HC11 Aug 2025ARB.P./1306/2024

Case brief

AI extract

What is this about?

Petitioner sought appointment of an arbitrator under a Master Loan Agreement's arbitration clause after respondents defaulted on a loan and failed to appear despite publication service. The court found an arbitration clause and disputes, appointed a sole arbitrator, directed proceedings under DIAC rules, and left all rights and contentions open.

What the court decided

AI extract

Moneywise Financial Services Pvt. Ltd. Vs Kanti Enterprises… — Arbitration | Delhi HC (2025)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1306/2024 & I.A. 5033/2025, I.A. 10274/2025

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MONEYWISE FINANCIAL SERVICES PVT LTD .....Petitioner Through: Ms. Mehvish Khan. Mr. Aman Choudhary, Advs.

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versus

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KANTI ENTERPRISES THROUGH ITS PROPRIETOR SH. RAJIV DHINGRA AND ANR ....Respondent

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Through: None

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CORAM:

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HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R

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% 11.08.2025

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This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitrator for adjudication of disputes between the parties arising out of the Master Loan Agreement dated 27.09.2018.

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Vide the said Agreement, a loan amount of Rs.20,00,000/- was advanced by the petitioner to the respondents.

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The respondent No. 1 is the proprietorship concern of Mr. Rajiv Dhingra and the respondent No. 2 is the co-borrower.

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The said Agreement contained the arbitration clause, being clause No. 10.1, which reads as under:-

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This is a digitally signed order.

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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 14/08/2025 at 11:47:43

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Since the respondents failed to make the payment, the petitioner issued Loan Recall Notice on 16.09.2019 and notice under Section 21 on 20.06.2024.

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Thereafter, the present petition has been filed.

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As per the order of the Joint Registrar dated 25.02.2025, the respondents were permitted to be served by way of publication in the newspapers “The Statesmen” and “Rashtriya Sahara” (Delhi Edition) and accordingly, the respondents have been served. The said newspapers are also on record.

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However, despite service, nobody is appearing on behalf of the respondents.

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I am satisfied that there is an arbitration clause mentioned in the said agreement and there are disputes between the parties which need to be settled through the arbitral mechanism.

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For the said reasons, the petition is allowed and the following

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This is a digitally signed order.

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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 14/08/2025 at 11:47:43

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directions are issued:-

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i) Mr. Ruchir Mishra, Advocate (Mob. No. 9811673689) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’).

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iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018.

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iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

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v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

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vi) The petitioner shall approach the learned Arbitrator within two weeks from today.

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The present petition is disposed of in the aforesaid terms.

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JASMEET SINGH, J

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AUGUST 11, 2025 / (MS)

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This is a digitally signed order.

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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 14/08/2025 at 11:47:43

Moneywise Financial Services Pvt. Ltd. v. Kanti Enterprises through Its Proprietor Sh. Rajiv Dhingra and Anr.

Case brief

What is this about?

What the court decided

Moneywise Financial Services Pvt. Ltd. v. Kanti Enterprises through Its Proprietor Sh. Rajiv Dhingra and Anr.

Case brief

What is this about?

What the court decided

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