KOTAK MAHINDRA PRIME LTD vs SUMIT SAWHNEY

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24.02.2026 + ARB.P. 2118/2025 & I.A. 32259/2025 (For Delay 18 days in re-filing the petition) KOTAK MAHINDRA PRIME LTD .....Petitioner Through: Mr. Amit Kumar Sinha and Mr. Aditya Prasad, Advocates. versus SUMIT SAWHNEY .....Respondent Through: Mr. Shashi Kant Upadhyay and Mr. Santosh Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition, filed under Section 11(5) of the Arbitration and Conciliation Act, 19961, seeks appointment of a Sole Arbitrator for the purpose of resolution of disputes that are stated to have arisen inter se the parties arising out of the Clause 32 of Car Finance Agreement dated 24.01.20242 and Clause 27 of Personal Loan Agreement dated 30.01.20253, which read as follows: “CAR FINANCE AGREEMENT 32. Arbitration: All disputes, differences and / or claim arising out of these presents or in any way touching or concerning the same or as to Personal Loan Agreement constructions, meaning or effect hereof or as to the rights and 1 Act 2 Car Finance Agreement 3 Personal Loan Agrement Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:27.02.2026 A.R.B.P. 2118/2025 Page 1 of 8 12:30:07 liabilities of the parties hereunder shall be settled by arbitration to be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof and shall be referred to the arbitration of a sole arbitrator to be nominated by the LENDER. In the event of death, refusal, neglect, inability or incapability of a person so appointed to act as an arbitrator, the LENDER may appoint a new arbitrator. The award of the arbitrator shall be final and bindin