Allowed

M/S Moneywise Financial Services Pvt. Ltd. v. Shivam Enterprises

Delhi HC12 Jan 2026ARB.P./1159/2025

Case brief

AI extract

What is this about?

The High Court of Delhi appointed a Sole Arbitrator via the DIAC to adjudicate disputes between M/s Moneywise Financial Services and Shivam Enterprises. The appointment follows the submission that a valid arbitration agreement exists and the petitioner has withdrawn previous pending proceedings. The order mandates adherence to DIAC rules.

What did the court decide?

Directed DIAC to appoint a Sole Arbitrator under Clause 8.2 of the Loan Agreement; specified rules for remuneration and timelines.

M/S Moneywise Financial Services Pvt. Ltd. Vs Shivam Enterprises — Arbitration | Delhi HC (2026)

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1159/2025

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M/S MONEYWISE FINANCIAL SERVICES PVT. LTD

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.....Petitioner

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Through: Ms. Preeti Kumari, Adv.

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versus

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SHIVAM ENTERPRISES .....Respondent Through: Mr. Aishwary Bajpai and Mr. Sachin Banduni, Advs. Mob: 9650156702

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 12.01.2026

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The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), for appointing a Sole Arbitrator for adjudication of the disputes between the parties, arising out of the Loan Agreement dated 31^st March, 2023.

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Learned Counsel appearing for the petitioner submits that as per the Loan Agreement dated 31^st March, 2023, the petitioner agreed to advance an amount of Rs. 20,37,969/-, for a period of 36 months, with interest at the rate of 18% per annum. The respondents executed a Demand Promissory Note as the assurance to repay the loan advance. The repayment was to be made in 36 equal monthly installments of Rs. 73,677/-.

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On account of default on part of the respondent, the petitioner issued a Demand-cum-Recall Notice dated 11^th October, 2024, to the respondents for

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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 13/01/2026 at 12:36:38

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repayment of outstanding debt within 7 days from the date of receipt of the notice.

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Multiple opportunities were provided to the respondent to make payments, despite the same, the respondent failed to make payments of Rs. 16,63,801/- as on 06^th May, 2025. It is further submitted that a Notice under Section 21 of the Arbitration Act dated 02^nd June, 2025 and served on 04^th June, 2025, was issued by the petitioner to the respondents, invoking the Arbitration Clause, i.e., Clause 8.2. Since no reply was received, the present petition was filed.

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Learned counsel appearing for the respondent puts in appearance and submits that arbitration proceedings between the parties are already pending qua the dispute.

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Responding to the same, learned counsel appearing for the petitioner submits that the petitioner has already withdrawn from the said arbitration proceedings and no arbitration proceedings are pending, as on date.

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Learned counsel appearing for the respondent submits that in view of the aforesaid statement, he has no objection if a Sole Arbitrator is appointed. 8. Learned counsels appearing for both the parties jointly submit that the matter be referred to Delhi International Arbitration Centre (“DIAC”).

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Having heard learned counsel for the parties, this Court notes that the Loan Agreement dated 31^st March, 2023 contains the Arbitration Agreement in Clause 8.2, which is reproduced as under:

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“xxx xxx xxx

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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 13/01/2026 at 12:36:38

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xxx xxx xxx”

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Accordingly, this Court is satisfied that there exists a valid Arbitration Agreement and there are disputes which need to be adjudicated through arbitral mechanism.

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The claim amount as raised by the petitioner is approximately Rs. 16,63,801/-.

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Accordingly, the following directions are issued:

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(i) The Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (referred to as the ‘DIAC’) shall appoint the 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 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 Arbitration Act prior to entering into the reference.

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(v) It shall be open to the respondent to raise counter-claims, if any, in arbitration proceedings.

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(vi) 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

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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 13/01/2026 at 12:36:38

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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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(vii) The parties shall approach the learned Arbitrator within two weeks from appointment of the Arbitrator.

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It is made clear that this Court has not expressed any opinion on the merits of the case.

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Accordingly, the present petition is disposed of in the aforesaid terms.

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The Registry is directed to send a copy of this order to the Secretary, DIAC for information and compliance.

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MINI PUSHKARNA, J

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JANUARY 12, 2026/ SK

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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 13/01/2026 at 12:36:38

M/S Moneywise Financial Services Pvt. Ltd. v. Shivam Enterprises

Case brief

What is this about?

What did the court decide?

M/S Moneywise Financial Services Pvt. Ltd. v. Shivam Enterprises

Case brief

What is this about?

What did the court decide?

What the court decided

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