Delhi High Court - Orders
M/S Moneywise Financial Services Pvt ... vs Angel Womens Hospital And Ivf Center And ... on 26 November, 2025
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1757/2025
M/S MONEYWISE FINANCIAL SERVICES PVT LTD
.....Petitioner
Through: Ms Mehvish Khan Ms Preeti Ms
Arunima S Jadaun, Advs.
versus
ANGEL WOMENS HOSPITAL AND IVF CENTER AND ANR.
.....Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 26.11.2025 Since there was a holiday on 25.11.2025, the matter is being taken up for hearing today.
1. This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties.
2. The brief facts of the case are that the respondents approached the petitioner for a loan facility for expanding the business. The petitioner disbursed the loan to the tune of Rs. 13,11,608/- and a Loan Agreement dated 31.05.2023 was executed between the parties. The respondent No.1 was the principal borrower and the respondent No. 2 was the co-borrower.
3. The said Loan Agreement contained an arbitration clause being Clause No. 8.2 which reads as under:-
"8.2. Arbitration: Any disputes, differences, controversies and This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:57:49 questions directly or indirectly arising at any time hereafter between the Parties or their respective representatives or assigns, arising out of or in connection with this Agreement (or the subject matter of this Agreement), including, without limitation, any question regarding its existence, validity, interpretation, construction, performance; enforcement, rights and liabilities of the Parties, or termination ("Dispute"), shall be referred to a sole arbitrator duly appointed by the Lender. The language of the arbitration shall be English. The seat of the arbitration shall be at New Delhi and the language of proceedings shall be English. The award rendered shall be in writing and shall set out the reasons for the arbitrator's decision. The costs and expenses of the arbitration shall be borne equally by each Party, with each Party paying for its own fees and costs including attorney fees, except as may be determined by the arbitration tribunal. Any award by the arbitration tribunal shall be final and binding."
4. Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 05.08.2025 and thereafter filed the present petition.
5. The email ID of the respondents is shown as [email protected].
6. The respondents have been served at the said email ID. However, despite service, there is nobody appearing on behalf of the respondents.
7. I am satisfied that there exists a valid arbitration clause and there are This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:57:49 disputes between the parties which need to be adjudicated through the arbitral mechanism.
8. For the said reasons, the petition is allowed and the following directions are issued:-
i) Mr. Omansh Gupta, Advocate (Mob. No. 9810156323) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.
ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC').
iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018.
iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.
v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.
vi) The petitioner shall approach the learned Arbitrator within two weeks from today.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:57:49
9. The present petition is disposed of in the aforesaid terms.
JASMEET SINGH, J NOVEMBER 26, 2025 / (MS) This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:57:49