KOTAK MAHINDRA PRIME LIMITED vs UPENDRA SINGH & ANR.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07.05.2026 + ARB.P. 103/2026 KOTAK MAHINDRA PRIME LIMITED .....Petitioner Through: Mr. Rishabh Saxena, Advocate. versus UPENDRA SINGH & ANR. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGMENT (ORAL) 1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 19961, seeking the appointment of a Sole Arbitrator in terms of the Car Finance Agreement dated 30.10.20222. 2. Material on record indicates that the Agreement envisages the dispute resolution clause being Clause 32, which reads as under: “32. Aribitration: All disputes, differences and/or claim arising out of these presents or in any way taouching or concerning the same as to constructions, meaning or effect hereof or as to the rights and liabilities of the parties hereunder shall be settled by arbitration to be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof and shall be referred to the arbitration of a sole arbitrator to be nominated by the LENDER. In the event of death, refusal, neglect, inability or incapability of a person so appointed to act as an arbitrator, the 1 Act 2 Agreement Signature Not Verified Digitally Signed ARB.P. 103/2026 Page 1 of 7 By:HARVINDER KAUR BHATIA Signing Date:14.05.2026 17:03:17 LENDER may appoint a new arbitrator. The award of the arbitrator shall be final and binding on all parties concerned. The arbitration proceedings shall be conducted in English language and held at the place more particularly mentioned in the SCHEDULE-I of the present agreement hereunder.” 3. Material on record further indicates that the Notice under Section 21 of the Act was issued by the Petiti