M/S TATA CAPITAL LTD v. JASVINDER JASVINDER

ARB.P. 1063/2026 Page 1 of 3

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* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010282232026 + ARB.P. 1063/2026, I.A. 17066/2026 M/S TATA CAPITAL LTD .....Petitioner Through: Mr. Tanishq Jain, Adv.

versus

JASVINDER JASVINDER .....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT(ORAL)

% 12.10.2026

1. As per the affidavit filed by the Petitioner, the Respondent has refused to accept service. Accordingly, service upon the Respondent is deemed sufficient.

2. None appears on behalf of the Respondent. In these circumstances, this Court deems it appropriate to proceed ex parte with the matter concerning the appointment of an Arbitrator.

3. It is well settled that, while exercising jurisdiction under Section 11 of the Act, the scope of enquiry is confined to examining the prima facie existence of an arbitration agreement1.

4. In the present case, there is no dispute with regard to the

1 SBI General Insurance Co. Ltd. v. Krish Spinning 2024 SCC OnLine SC 1754

ARB.P. 1063/2026 Page 2 of 3

existence of a valid arbitration clause between the parties.

5. Further, the parties are ad idem with respect to the reference of the disputes to arbitration. In the aforesaid circumstances , this Court finds no impediment in appointing a Sole Arbitrator.

6. Accordingly, Mr. Sagar Saxena, Advocate, (Mob. No.

9870056571) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator shall enter upon the reference within two weeks from today.

7. The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act within two weeks of entering reference.

8. The arbitration shall be carried under the rules and aegis of Delhi International Arbitration Centre (“DIAC”) . The learned Arbitrator shal l be entitled to fees as per the Schedule of Fees maintained by the DIAC.

9. It shall be open to the parties to raise all pleas, including objection as to arbitrability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law.

10. It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11(6) of the Act. The learned Sole Arbitrator shall adjudicate the disputes independently and on their own merits, unin fluenced by any

ARB.P. 1063/2026 Page 3 of 3

observations contained in the present order.

11. The Registry is directed to send a receipt of this order to Mr.

Sagar Saxena, learned Arbitrator through all permissible modes including email.

12. Accordingly, the present petition is disposed of in the above terms. Pending application(s), if any, also stand disposed of.

OM PRAKASH SHUKLA, J

OCTOBER 12, 2026/pa