TATA CAPITAL LIMITED vs DEVENDER AND ANR

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 13.02.2026 + ARB.P. 79/2026 TATA CAPITAL LIMITED .....Petitioner Through: Mr. Nachiketa Suri, Mr. Rajkumar Dahiya, Mr. Kashish Aggarwal, Ms. Shubhangi Singh and Mr. Bharat, Advocates. versus DEVENDER AND ANR .....Respondents Through: Mr. Shubham Rana and Mr. Varun Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 19961, seeking the appointment of an Arbitrator to adjudicate upon the disputes inter se the parties arising out of the Loan Agreement dated 30.05.20252. 2. The Arbitration Clause, being Clause 12 of the Agreement, reads as follows: “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 1 Act 2 Agreement Signature Not Verified Digitally Signed By:HARVINDER KAUR ARB.P. 79/2026 Page 1 of 7 BHATIA Signing Date:17.02.2026 12:07:58 interpretation, validity, implementation or effect of the Facility Documents or as to the rights and liabilities of the parties under the 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 by a sole arbitrator to be appointed by any of the following institutions: (a) The Council for National and international Commercial Arbitration having its office at Unit No.208, 2nd Floor, Beta Wing, Raheja Towers, Nos. 113-134, Anna Salai, Chennai- 600002 (b) Centre for Online Resolution of Disputes having its office at F-14, 3rd Cross, Manyata Residency, Manyata Tech Park, Bengaluru - 560045 (c) The