Moneywise Financial Services Pvt. Ltd. Vs Malani Industries and Ors.

$~5

* IN THE HIGH COURT OF DELHI AT NEW DELHI

- ARB.P. 1872/2025 & I.A. 27762/2025

MONEYWISE FINANCIAL SERVICES PVT LTD. .....Petitioner Through: Mr. Manoj Verma, Advocate Mob: 9711133597 Email: [email protected] Mr. Pankaj Kumar, Mr. Ranjit Kumar Dubey and Mr. Abhay Pandey, Advs. (Through VC) Mob: 9650044113 Email: [email protected]

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versus

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MALANI INDUSTRIES AND ORS. .....Respondents Through: Mr. Vipin Kumar, Mr. Aditya, Mr. Tushar Singh and Mr. Akhil R., Advs. Mob: 9671520024 Email: [email protected]

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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%

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O R D E R 04.02.2026

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The present petition has been filed under Section 11(6) of the Arbitration and conciliation Act, 1996 (“ Arbitration Act ”) seeking appointment of a Sole Arbitrator for adjudication of the disputes between the parties arising out of the Loan Agreement dated 01^st August, 2024, entered between the parties.

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Learned counsel for the petitioner submits that the Loan Agreement dated 01^st August, 2024 was executed between the parties for a period of 36 months, and a loan amount of Rs. 50,50,057/-, was advanced to the

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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 09/02/2026 at 11:52:58

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respondents vide the said agreement, at the agreed rate of interest @ 16.5% per annum.

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Learned counsel appearing for the petitioner submits that as per the Loan Agreement, the respondents were required to pay a sum of Rs. 1,78,794/-, as equated monthly installments for 36 months to the petitioner.

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Learned counsel for the petitioner further submits that on account of default by the respondents in making the payments, the petitioner issued a Loan Recall Notice dated 14^th July, 2025, claiming the outstanding debt, to be paid by the respondents to the petitioner.

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Subsequently, the petitioner sent a Notice dated 14^th August, 2025 to the respondents under Section 21 of the Arbitration Act invoking the arbitration clause, i.e., Clause 8.2 of the Loan Agreement dated 01^st August, 2024, to which no reply was made by the respondents.

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Attention of this Court has been drawn to the arbitration clause, i.e., Clause 8.2 of the said Loan Agreement, which reads as under:

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“xxx xxx xxx

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xxx xxx xxx”

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Perusal of the aforesaid arbitration clause shows that the seat 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 09/02/2026 at 11:52:58

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arbitration shall be at Delhi.

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Learned counsel for the petitioner submits that the approximate claim amount is to the tune of Rs. 48,29,552.40/- (Rupees Forty Eight Lacs Twenty-Nine Thousand Five Hundred Fifty-Two and Forty Paisa Only). 9. At this stage, on a pointed query, learned counsel appearing for the respondents submits that he has no objection to appointment of an Arbitrator.

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Accordingly, this Court is satisfied that there is a valid Arbitration Agreement between the parties, and there are disputes between the parties, which need to be adjudicated by way of arbitral proceedings.

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Accordingly, the following directions are issued:

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i. Ms. Sumati Anand, Advocate, (Mobile No.: 9312501598) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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

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iii. 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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iv. It shall be open to the respondent to raise counter-claims, if any, in arbitration proceedings.

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v. It is made clear that all the rights and contentions of the parties, including, the arbitrability of any of the claims and/or counter-claims, any other preliminary objection, as well as claims on merits of the

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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 09/02/2026 at 11:52:58

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dispute of either of the parties, are left open for adjudication by the learned Arbitrator.

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

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Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case.

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The present petition, along with the pending application, is disposed of in the aforesaid terms.

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

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MINI PUSHKARNA, J

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FEBRUARY 4, 2026/ ak

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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 09/02/2026 at 11:52:58

Moneywise Financial Services Pvt. Ltd. v. Malani Industries and Ors.

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Moneywise Financial Services Pvt. Ltd. v. Malani Industries and Ors.

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