ARB.P./141/2026 of MONEYWISE FINANCIAL SERVICES PVT LTD Vs MR SANDEEP YADAV PROPRIETOR OF PUSPIT ENTERPRISES AND ORS on 15 October 2026

1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a Sole Arbitrator in terms of Clause 8.2 of the Loan Agreement dated 29.07.2024 executed between the parties.

2. Vide order dated 05.05.2026, it was recorded that dasti service was attempted on the Respondents through the Assistant Manager of the Petitioner Company. However, the Respondents refused to accept dasti service.

3. Further, a fresh notice was also issued vide order dated 16.07.2026.

4. On a perusal of the affidavit of service dated 06.10.2026 filed Signed By:ANUBHAV TRIPATHI Signing Date:16.10.2026 17:23:18 Signature Not Verified

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by the Petitioner, it appears that notice has been duly served upon Respondent No. 1, whereas service is refused by Respondent Nos. 2 and 3. The proof of service, as reflected in the tracking details, is annexed hereinbelow:

Signed By:ANUBHAV TRIPATHI Signing Date:16.10.2026 17:23:18 Signature Not Verified

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Signed By:ANUBHAV TRIPATHI Signing Date:16.10.2026 17:23:18 Signature Not Verified

ARB.P. 141/2026

Signed By:ANUBHAV TRIPATHI Signing Date:16.10.2026 17:23:18 Signature Not Verified

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5. In view thereof and considering that the Respondents have chosen not to participate in the present proceedings, this Court is constrained to proceed ex-parte and to consider the appointment of a Sole Arbitrator on the basis of the material on record.

6. 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 agreement.

7. In the present case, there is no dispute with regard to the existence of a valid arbitration clause between the parties. The arbitration clause is reproduced as below:- 8.2 Arbitration: Any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between the Parties or their respective representatives or assigns, arising out of or in connection with this: Agreement (or the subject matter of this Agreement), including, without limitation, any question regarding its existence, validity, interpretation, construction, performance, enforcement, rights and liabilities of the Parties, or termination ("Dispute") thereof shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended ("Arbitration Act"). The Dispute shall be referred to a sole arbitrator duly appointed by the Parties with mutual consent failing which the sole arbitrator shall be appointed in accordance with the Arbitration Act. The language of the arbitration shall be English. The seat of the arbitration shall be at Delhi and the language of proceedings shall be English. The award rendered shall be in writing and shall set out the reasons for the arbitrator's decision. The costs and expenses of the arbitration shall be bone equally by each Party, with each Party paying for its own fees and costs including attorney fees, except as may be determined by the arbitration tribunal. Any award by the arbitration tribunal shall be final and binding.

8. In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator. Signed By:ANUBHAV TRIPATHI Signing Date:16.10.2026 17:23:18 Signature Not Verified

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9. Accordingly, Ms. Rajni Anand, Advocate, (Mob. No. 9891593401) 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 three weeks from today.

10. 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 three weeks of entering reference.

11. 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.

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

13. 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, uninfluenced by any observations contained in the present order.

Signed By:ANUBHAV TRIPATHI Signing Date:16.10.2026 17:23:18 Signature Not Verified

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14. The Registry is directed to send a receipt of this order to Ms. Rajni Anand, learned Arbitrator through all permissible modes including email.

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

OM PRAKASH SHUKLA, J OCTOBER 15, 2026/at

Signed By:ANUBHAV TRIPATHI Signing Date:16.10.2026 17:23:18 Signature Not Verified