TATA CAPITAL HOUSING FINANCE LTD vs NITIN KUMAR AGGARWAL

Judgment text excerpt

$~3 * 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 Signature Not Verified Digitally Signed By:HARVINDER KAUR ARB.P. 950/2025 Page 1 of 6 BHATIA Signing Date:20.03.2026 12:23:12 implementation or alleged Breach of this Agreement or anything done or omitted to be done pursuant to this Agreement or otherwise in relation to the Security hereof, the parties shall attempt in the first instance to resolve the same through negotiation/conciliation. If the dispute is not resolved through negotiation/ conciliation within thirty days after commencement of discussions or such longer period as the parties agree to in writing, then the same shall be settled by arbitration to be held at Chennai/Delhi/Mumbai in accordance with the Arbitration and Conciliation Act 1996, or any statutory amendments thereof and shall be referred to a