TATA CAPITAL LIMITED vs BLACK PEARL AUTOMOTIVE SOLUTIONS PRIVATE LIMITED AND ANR.

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25.04.2026 + ARB.P. 84/2026 TATA CAPITAL LIMITED .....Petitioner Through: Mr. Varun Kumar and Ms. Ragini Kapoor, Advocates. versus BLACK PEARL AUTOMOTIVE SOLUTIONS PRIVATE LIMITED AND ANR. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR ORDER % 25.04.2026 1. In view of Notification No. 64/G-4/Genl.-I/DHC dated 27.02.2026, the present matter which was previously listed on 03.03.2026, has been listed today. 2. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 19961, seeking appointment of an Arbitrator for adjudication of disputes inter se the parties arising out of the Loan-cum-Guarantee Agreement dated 26.09.20242. 3. The dispute resolution clause, which contemplates an Arbitration Agreement between the parties, is stated to be Clause 12 of the Agreement, which reads as follows: 1 A&C Act 2 Agreement Signature Not Verified Digitally Signed By:VARNIKA ARB.P. 84/2026 Page 1 of 8 Signing Date:28.04.2026 11:57:49 “12. Arbitration If any dispute, difference or claim arises between any of 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 these T&Cs 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 by a sole arbitrator to be appointed as per the procedure below and to be held at such place as agreed by the Parties in Serial No. 17 of Annexure 1 hereto of the Agreement. The Party invoking the arbitration (“Claimant”) shall address a notice to the other Party (“Responde