Allowed¶13

Axis Finance Limited v. White Earth Pvt. Ltd. & Ors.

Delhi HC14 Jan 2026ARB.P./1559/2025

Case brief

AI extract

What is this about?

Axis Finance Limited v. White Earth Pvt Ltd & Ors.; ARB.P. 1559/2025; High Court of Delhi; Avneesh Jhingan, J.; order dated 14.01.2026; Section 11 and Section 21, Arbitration and Conciliation Act 1996; appointment of sole arbitrator Mr. H.S. Sharma, District Judge (Retd.); loan facility dispute; consensual reference (respondents raised no objection); fees per Schedule IV; Section 12 disclosure compliance; no opinion on merits; claims/counter claims left to arbitration.

What did the court decide?

Appointment of Mr. H.S. Sharma, District Judge (Retd.), as sole arbitrator with the consent of the parties; arbitrator's fees governed by Schedule IV of the Act; arbitrator to comply with Section 12 of the Act before entering upon reference. ¶13

Axis Finance Limited Vs White Earth Pvt. Ltd. & Ors. — Arbitration | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes arising between Axis Finance Limited and White Earth Pvt Ltd & Ors. out of the loan facility.

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Court's answer

The petition under Section 11 is allowed; Mr. H.S. Sharma, District Judge (Retd.), is appointed sole arbitrator, with the consent of the parties, to adjudicate the disputes which have arisen between the parties.

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Ratio / Principle

The fees of the arbitrator will be governed by Schedule IV of the Arbitration and Conciliation Act, 1996.

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Key takeaways

Before entering upon the reference, the arbitrator will comply with Section 12 of the Act (disclosure requirements).ratio¶17
The Court has not expressed any opinion on the merits of the rival claims; it is open to the parties to file their respective claims/counter claims before the arbitrator, to be considered in accordance with law.obiter¶18

Detailed headnote1 paragraphs

Delhi High Court (Avneesh Jhingan, J.) allowed an application under Section 11 of the Arbitration and Conciliation Act, 1996 (ARB.P. 1559/2025) filed by Axis Finance Limited against White Earth Pvt Ltd & Ors. The respondents had availed a loan facility from the petitioner under an agreement containing an arbitration clause; a notice under Section 21 of the Act was issued on 07.07.2025. As counsel for the respondents raised no objection to a reference, the Court appointed Mr. H.S. Sharma, District Judge (Retd.), as sole arbitrator with the consent of the parties, directed that his fees be governed by Schedule IV of the Act, and required him to comply with Section 12 before entering upon the reference. The Court expressly recorded that it had not expressed any opinion on the merits, leaving the parties free to press their claims/counter claims before the arbitrator.

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$~11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1559/2025

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AXIS FINANCE LIMITED .....Petitioner

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Through: Mr. John Mathew, Adv.

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versus

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WHITE EARTH PVT LTD & ORS. .....Respondents Through: Mr. Sahej Uban & Mr. Jaiosh Singh, Advs.

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CORAM:

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HON'BLE MR. JUSTICE AVNEESH JHINGAN

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O R D E R % 14.01.2026

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The present petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for appointment of an arbitrator. 2. The respondents availed the loan facility from the petitioner. The agreement provided for dispute resolution through arbitration. The petitioner issued notice dated 07.07.2025 under Section 21 of the Act and thereafter the petition is filed.

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Learned counsel for the respondents on instructions has no objection for referring the matter to arbitration.

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Accordingly, the petition is allowed by appointing Mr. H.S. Sharma, District Judge (Retd.) (Mobile No.: 9910384647), with the consent of the parties, as the sole arbitrator for adjudication of the disputes which have arisen between the parties.

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The fees of the learned Arbitrator will be governed by Schedule IV of

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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 16/01/2026 at 12:34:43

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the Act. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.

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It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law.

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A copy of this order be forwarded to the learned Arbitrator for information.

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AVNEESH JHINGAN, J

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JANUARY 14, 2026 „ha‟

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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 16/01/2026 at 12:34:43

Axis Finance Limited v. White Earth Pvt. Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Axis Finance Limited v. White Earth Pvt. Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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