TATA CAPITAL LIMITED vs M/S MANJU TRADERS & ANR.

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered on: 11.03.2026 + ARB.P. 975/2025 TATA CAPITAL LIMITED .....Petitioner Through: Mr. Varun Kumar and Ms. Ragini Kapoor, Advocates. versus M/S MANJU TRADERS & ANR. .....Respondents Through: Mr. Chinmaya K., Bhatt and Ms. Amrita Pandey, Advocates. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J (OPEN COURT) 1. The present petition has been filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) for appointment of an Arbitrator to adjudicate the disputes between the parties under the Loan-cum-Guarantee Agreement dated 28.11.2023 (hereinafter ‘the agreement’). Clause 12 of the agreement provides for arbitration by a Sole Arbitrator. 2. The disputes having arisen between the parties, the petitioner invoked the arbitration by giving a notice dated 19.05.2025. 3. The said notice was responded to by the respondents vide their reply dated 02.06.2025, wherein, the respondents took a stand that the Loan-cum- Signature Not Verified Digitally Signed By:DEEPAK SINGH ARB.P. 975/2025 Page 1 of 7 Signing Date:14.03.2026 15:17:40 Guarantee Agreement has not been physically signed by the respondents and they are not in receipt of the agreement. Thereafter, the respondents filed a Civil Suit before the Court of Additional Munsif, Jammu, which came to be registered on 28.07.2025, praying for a decree of declaration, thereby declaring the notice dated 19.05.2025 invoking of arbitration, as null and void. 4. However, prior to the filing of the said suit, petitioner had filed the present petition under Section 11 of the Act on 15.07.2025. Further, when the petitioner was served with summons in the aforesaid suit filed by the respondents in t