Petition under Section 11(6) sought appointment of an arbitrator for loan agreement disputes after payment defaults. Respondents had no objection; court found a valid arbitration clause and appointed a sole arbitrator under DIAC rules, leaving all contentions open.
Sole arbitrator appointed; arbitration to proceed under DIAC rules.
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“9. Arbitration
If any disputes, difference or claim arises between any of the Obligors and the Lender In connection with the Facility or as
This is a digitally signed order.
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to the interpretation, validity, Implementation or effect of the Facility Documents or as to the rights and liabilities of the parties under the facility documents, or alleged breach of the facility document or anything done or omitted to be done pursuant to the facility documents, the same shall be settled by arbitration to be held in [Mumbai/Delhi/Kolkata/Chennai] as may be decided by the Lender In accordance with the Arbitration and Conciliation Act, 1996 or any statutory amendments thereto and shall be referred to a sole arbitrator to be appointed by the Lender. The award of the arbitrator shall be final and binding on all parties concerned. The arbitration proceedings shall be in English language. Cost of arbitration shall be borne by the Obligators.”
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Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’).
iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018.
iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.
JASMEET SINGH, J
SEPTEMBER 1, 2025/as
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1 issue framed by the court
Whether an arbitrator should be appointed under Section 11(6) to resolve disputes arising out of the Loan Agreement dated 14.10.2019.
3 provisions across 2 enactments
Tata Capital Limited
Naresh Kumar
Anr
Jasmeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
