Petition under Section 11(6) seeking appointment of an arbitrator over loan disputes under a Loan cum Guarantee Agreement with an arbitration clause; respondents raised no objection, and the court referred disputes to a sole arbitrator under DIAC.
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
TATA CAPITAL LIMITED ...Petitioner Through: Mr Varun Kumar, Advocate and Ms. Ragini Kapoor, Advocates.
versus
ONUS INTERNATIONAL & ANR. .....Respondents Through: Mr. Kartikeya Singh, Advocate.
CORAM: HON'BLE MR. JUSTICE AMIT BANSAL
%
O R D E R 08.12.2025
“ 12. 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
Page 1 of 4
ARB.P. 1533/2025
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 12/12/2025 at 12:16:01
arbitration by a sale arbitration to be appointed as per the procedure below and to be held at such place as agreed by the Parties in Serial No. 17 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 sale 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 sale arbitrator with in 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 sale 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 sale arbitrator will be appointed by a Court having jurisdiction. 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 arties concerned. The cost of arbitration shall be borne by the Obligor/s. ”
Page 2 of 4
ARB.P. 1533/2025
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 12/12/2025 at 12:16:01
Page 3 of 4
ARB.P. 1533/2025
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 12/12/2025 at 12:16:01
AMIT BANSAL, J
DECEMBER 8, 2025/ RK
Page 4 of 4
ARB.P. 1533/2025
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 12/12/2025 at 12:16:01
1 issue framed by the court
Whether an arbitrator should be appointed for disputes under a Loan cum Guarantee Agreement containing an arbitration clause.
3 provisions across 1 enactments
Tata Capital Limited
Onus International
Respondent No. 2
Amit Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
