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Axis Finance Limited v. Subrat Tripathy

Delhi HC1 Dec 2025ARB.P./1674/2025

Case brief

AI extract

What is this about?

Section 11 Arbitration and Conciliation Act 1996 appointment of Sole Arbitrator; condonation of delay 139 days (I.A. 25471/2025); Loan Agreement No. 0456PLA00005447 dated 30.11.2020; arbitration Clause 14 invoked by notice dated 21.06.2024 under Section 21; respondent failed to respond and filed no reply; Ms. Shruti Munjal appointed Sole Arbitrator; declaration under Section 12; remuneration per Schedule IV; arbitrability and merits left open; Axis Finance Limited v. Subrat Tripathy; ARB.P. 1674/2025; Delhi High Court; Amit Bansal, J.; order dated 01.12.2025.

What did the court decide?

Delay of 139 days in filing the petition condoned; disputes between the parties referred to the Arbitral Tribunal comprising Sole Arbitrator (Ms. Shruti Munjal, Advocate) appointed by the Court. ¶36

Axis Finance Limited Vs Subrat Tripathy — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

Delay of 139 days in filing the petition condoned; disputes between the parties referred to the Arbitral Tribunal comprising Sole Arbitrator (Ms. Shruti Munjal, Advocate) appointed by the Court.

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Issue for consideration

Whether the delay of 139 days in filing the arbitration petition should be condoned (I.A. 25471/2025). +1 more

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Court's answer

The delay of 139 days in filing the petition is condoned and I.A. 25471/2025 stands disposed of accordingly.

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Ratio / Principle

The dispute between the parties under the Loan Agreement is referred to the Arbitral Tribunal comprising a Sole Arbitrator; Ms. Shruti Munjal, Advocate is appointed as Sole Arbitrator, subject to furnishing a declaration under Section 12 of the Act before entering the reference, with remuneration per Schedule IV of the Act and the parties to approach the Arbitrator within two weeks.

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Key takeaways

All rights and contentions of the parties, including arbitrability of any of the claims and/or counter-claims, preliminary objections and claims on merits, are left open for adjudication by the Arbitrator.obiter¶35
Nothing in the order shall be construed as an expression of this Court on the merits of the case.obiter¶37

Detailed headnote1 paragraphs

Delhi High Court (Amit Bansal, J., 01.12.2025) allowed I.A. 25471/2025 condoning a 139-day delay in filing, and disposed of ARB.P. 1674/2025 under Section 11 of the Arbitration and Conciliation Act, 1996 by referring the disputes between Axis Finance Limited (petitioner) and Subrat Tripathy (respondent) arising out of Loan Agreement No. 0456PLA00005447 dated 30th November, 2020 to a Sole Arbitrator, appointing Ms. Shruti Munjal, Advocate. The Arbitrator is to furnish a declaration under Section 12 before entering the reference; remuneration is per Schedule IV of the Act; parties to approach the Arbitrator within two weeks. All rights, contentions, arbitrability of claims/counter-claims, preliminary objections and merits were left open to the Arbitrator; the order expresses no view on merits. Respondent filed no reply despite notice.

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1674/2025 & I.A. 25471/2025

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AXIS FINANCE LIMITED .....Petitioner Through: Ms. Mamta Kumari, Advocate

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versus

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SUBRAT TRIPATHY .....Respondent Through:

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R % 01.12.2025

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I.A. 25471/2025 ( condonation of delay of 139 days in filing the arbitration

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petition )

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This application has been filed by the petitioner seeking condonation of delay of 139 days in fling the present petition.

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For the reasons stated in the application, the same is allowed.

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The delay in filing the present petition is condoned.

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Application stands disposed of accordingly.

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ARB.P. 1674/2025

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This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter ‘the Act’], seeking appointment of a Sole Arbitrator for adjudication of the disputes between the parties arising out of Loan Agreement bearing No. 0456PLA00005447 dated 30^th November, 2020 entered into between the petitioner and the respondent.

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Counsel for the petitioner submits that the Agreement contains an

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Page 1 of 3

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ARB.P. 1674/2025

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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 03/12/2025 at 11:35:42

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arbitration clause, i.e. Clause 14, which provides for adjudication of disputes arising between the parties by way of arbitration.

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Counsel for the petitioner further submits that since there were disputes between the parties, the petitioner sent several notices including the notice dated 21^st June, 2024 to the respondents invoking the aforesaid arbitration clause under Section 21 of the Act.

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The respondent failed to respond to the aforesaid notices.

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Notice was issued in the petition on 21^st June, 2024 and thirty days’ time was granted to the respondent to file a reply.

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No reply has been filed on behalf of the respondent.

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Accordingly, the dispute between the parties under the Agreement is referred to the Arbitral Tribunal comprising a Sole Arbitrator. The following directions are issued in this regard:

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i. Ms. Shruti Munjal, Advocate (Mobile No. +91-9818080077) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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ii. The Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. In the event there is any impediment to the Arbitrator’s appointment on that count, the parties are given liberty to file an appropriate application before this Court.

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iii. The remuneration of the Arbitrator shall be in terms of Schedule IV of the Act.

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iv. The parties shall approach the Arbitrator within two (2) weeks from today.

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It is made clear that all the rights and contentions of the parties,

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Page 2 of 3

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ARB.P. 1674/2025

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including the arbitrability of any of the claims and/ or counter claims, any other preliminary objections as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the Arbitrator.

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