TATA CAPITAL HOUSING FINANCE LIMITED vs ANUJ GARG AND ORS.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 21.04.2026 + ARB.P. 927/2025, I.A. 15647/2025 (Delay of 2 days in Re- filing the petition), I.A. 9361/2026 (Seeking permission to place on record the additional documents), I.A. 9362/2026 (Seeking exemption from filing original and typed copy of documents) & I.A. 9363/2026 (Delay of 38 days in Re-filing the application) TATA CAPITAL HOUSING FINANCE LIMITED ...Petitioner Through: Mr. Armaan Roop Sharma and Ms. Shelly Khanna, Advocates. versus ANUJ GARG AND ORS. .....Respondents Through: Mr. Nitesh Jain and Mr. Nishant Bhargava, Advocates for R-3. Ms. Ritika Gaur, Advocate for R-4. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) 1. The present Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 19961, seeking the appointment of a Sole Arbitrator from the panel of Arbitrators of Delhi International Arbitration Centre2 to adjudicate the disputes inter se the parties in terms of Clause 12.11 of the Home Loan Agreements dated 1 A&C Act 2 DIAC Signature Not Verified Digitally Signed By:VARNIKA ARB.P. 927/2025 Page 1 of 9 Signing Date:22.04.2026 14:59:48 27.02.20173 executed between the parties. 2. The Dispute Resolution Clause, being Clause 12.11 of the Agreements, reads as under: “12.11 Dispute Resolution a) If any dispute, difference or claim arises between the parties hereto in connection with this Agreement or the Security hereof or the validity, interpretation, implementation or alleged breach of this Agreement or anything done or omitted to be done pursuant to this Agreement or otherwise in relation to the Security hereof, the parties shall attempt in the first instance to resolve the same through negotiation/ conciliation. If the dispute is not resolv