TATA CAPITAL HOUSING FINANCE LIMITED vs MR. KALU RAM DHINGRA & ORS.

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22.04.2026 + ARB.P. 197/2026 TATA CAPITAL HOUSING FINANCE LIMITED .....Petitioner Through: Mr. Armaan Roop Sharma & Ms. Shelly Khanna, Advs. versus MR. KALU RAM DHINGRA & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGMENT(ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking the appointment of a Sole Arbitrator to adjudicate the disputes inter se the parties arising out of the Home Equity Agreement [“HEA”] dated 30.10.2019, and the Additional Facility Agreement [“AFA”] dated 29.08.2020, which was executed pursuant to the HEA. 2. The Arbitration Clause, being Clause 12, envisaged in the HEA reads as under: “12. Dispute Resolution If any dispute or differences or claim arises between the obligors and the 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 Signature Not Verified Digitally Signed ARB.P. 197/2026 Page 1 of 8 By:NEERU Signing Date:24.04.2026 10:56:38 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 in Mumbai/Delhi/Kolkata/Chennai as may be decided by the lender in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereto and shall be referred to a sole arbitrator to be appointed by the Lender. The award of the Arbitrator shall be final and binding on all parties concerned. The arbitration proceedings shall be in English lang