TATA CAPITAL LIMITED vs ARIENS NETCOM SOLUTION PRIVATE LIMITED AND ORS

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 11.05.2026 + ARB.P. 135/2026 TATA CAPITAL LIMITED .....Petitioner Through: Mr. Anish Bhola, Advocate. versus ARIENS NETCOM SOLUTION PRIVATE LIMITED AND ORS .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) 1. The present Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 19961, seeking the appointment of a Sole Arbitrator in terms of Clause 13 of the Term Loan Agreement dated 15.09.20232 to adjudicate the disputes inter se parties. The said Clause reads as under: “13. 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 interpretation, validity, implementation or effect of the Facility Documents or as to the rights and liabilities of the parties under these T&Cs 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 arbitration to be appointed as per the procedure below and to be held at such place as agreed by the Parties in Serial No. 18 of Annexure 1 hereto of the Agreement. The Party invoking the arbitration ("Claimant") shall address a notice to 1 Act 2 Agreement Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:12.05.2026 ARB.P. 135/2026 Page 1 of 7 16:30:41 the other Party („Respondent”) suggesting the names of not more than three arbitrators, all of whom shall be either retired judges of the District Court, High Court or the Supreme Court or a lawyer having minimum 10 years‟ relevant experience. The Respondent shall either: (i) Confirm in writing acceptance of one amongst the proposed