M/S PAISALO DIGITAL LIMITED (FORMERLY KNOWN AS S. E. INVESTMENTS LIMITED) vs M/S SUN CORP & ORS.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27.02.2026 + ARB.P. 1022/2025 M/S PAISALO DIGITAL LIMITED (FORMERLY KNOWN AS S. E. INVESTMENTS LIMITED) .....Petitioner Through: Mr. Harshal Kumar, Advocate. versus M/S SUN CORP & ORS. .....Respondents Through: Ms. Nidhi Mohan Parashar, Mr. Vikrant Kumar and Mr. Amar Bajpayee, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition, filed under Section 11(6) 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 20 as set out in Hypothecation/Loan Agreement dated 02.03.2015. The said clause reads as follows: “20. Any conflict, difference, controversies, or disputes arising between the parties, if not resolved mutually, shall be submitted/referred to the arbitration of the Sole Arbitrator. The notices like Demand Notice, Loan Recall - cum - Demand Notice and/or telephonic conversations/ mails shall be deemed to be sufficient proof for opportunity given to the Borrower and/ or Guarantor(s) for resolving the issues and efforts of Amicable 1 Act Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:28.02.2026 ARB.P. 1022/2025 Page 1 of 11 14:24:00 Settlement made by the Company. The Borrower and Guarantor (s) hereby agree and give their free consent to the Company i.e. SEIL to appoint I nominate any person/ professional as Sole Arbitrator without any prior consent or reference to them. Such rights of appointing an arbitrator are not questionable by the Borrower and /or the Guarantor (s). The notice for Appointment of Arbitrator and the Statement of Claims