TATA CAPITAL HOUSING FINANCE LTD vs NITIN KUMAR AGGARWAL

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17.03.2026 ARB.P. 950/2025 TATA CAPITAL HOUSING FINANCE LTD .....Petitioner Through: Mr. Sanjeev Singh, Ms. Anshita Argal and Ms. Sandhya Chawla, Advocates. versus NITIN KUMAR AGGARWAL .....Respondent Through: Mr. J.S. Rawat and Mr. Rajiv Jain, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition under Section 11(5) of the Arbitration and Conciliation Act, 19961, seeks the appointment of a Sole Arbitrator for adjudication of disputes as between the parties arising out of a Loan/Facility Agreement dated 30.09.20162. 2. The Agreement contains a dispute resolution clause, namely clause 12.11. The relevant portion of the said Clause 12.11 reads as under:- “12.11 Dispute Resolution a) If any dispute, difference or claim arises between the parties hereto in connection with this Agreement or the Security hereof or the validity, in interpretation, 1 Act 2 Agreement 3. Learned counsel appearing on behalf of the Respondent, at the outset, submits that the present Petition seeking appointment of an Arbitrator is not maintainable on the ground that,