M/S TATA CAPITAL LTD v. UDAY LAL REBARI AND ANR

ARB.P. 1411/2026 Page 1 of 5

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* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010374922026 + ARB.P. 1411/2026 M/S TATA CAPITAL LTD .....Petitioner Through: Mr. Aditya Thakur, Advocate.

versus

UDAY LAL REBARI AND ANR .....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT(ORAL)

% 15.10.2026

1. On 14.08.2026, notice was issued to the Respondents. On a perusal of the affidavit of service dated 1.10.2026, it appears that the notice has been duly served on the Respondents.

2. Despite the sufficient service , none appears on behalf of the Respondents.

3. The tracking details placed on record establishes that the Respondents have been duly served. The proof of service as reflected from the tracking details is annexed to the petition.

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4. In view thereof and considering that the Respondents have chosen not to participate in the present proceedings, despite sufficient service, this Court fin ds no impediment in proceeding to consider the appointment of a Sole Arbitrator.

5. 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.

6. In the present case, there is no dispute with regard to the existence of a valid arbitration clause between the parties which reads as follows:

“19. Arbitration : - If any dispute, difference or claim arises between any of the obligors and th e lender in connection with the facility or as 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 documents or anything done or omitted to be done pursuant to the facility documents, the same shall be settled by arbitration to be held at the place as mentioned at serial No. 13 of Annexure 1 hereto in accordance with the Arbitration and conciliation Act, 1996, or any statutory amendments thereto and shall be referred to a sole arbitrator shall be final and binding on all parties concerned. The arbitration proceedings shall be in English language. Cost of arbitration shall be bourne by the obligors.

Jurisdiction:

Subject to clause 13 above. The parties hereto agree that all disputes arising out of and / or in relation to this agreement, shall be subject to exclusive jurisdiction of te Courts/tribunals as set out in serial no.14 of annexure 14 of annexure 1 hereto . The lender may, however, in its absolute discretion commence any legal action or proceedings arising out of this agreement in any

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

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other Court, tribunal or other appropriate forum and the obligors hereby consent to that jurisdiction.”

7. In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator.

8. Accordingly, Mr. Virender Kumar Bansal, Principal District Judge (Retd.) (Mob. No.9910384709) 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.

9. 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.

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

11. 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.

12. It is clarified that the observations made herein are onl y 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, uninfluenced by any

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observations contained in the present order.

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

Virender Kumar Bansal, learned Arbitrator through all permissible modes including email.

14. Accordingly, the present petition is disposed of in the above terms.

OM PRAKASH SHUKLA, J

OCTOBER 15, 2026/pa