Tata Capital Housing Finance Limited vs Munasim & Anr.

The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996^{11.“Act” hereinafter} seeking appointment of Sole Arbitrator.

Mr. Umang Gangwar, learned Counsel appears on behalf of the Respondents and submits that his clients are willing to explore the possibility of an amicable settlement and requests that the matter may be referred to mediation.

Learned Counsel for the Petitioner has no objection for referring the matter to the Mediation and Conciliation Centre of this Court to explore the possibility of an amicable settlement.

Acceding to the same, the matter is referred to Delhi High Court Mediation and Conciliation (SAMADHAN) and the parties are directed to appear in person or through their authorized representative along with their respective Counsel before the Mediation Centre on 01.10.2026.

Three weeks’ time is granted for exploring the possibility of settlement through mediation.

If mediation fails, the parties are also ad idem with respect to reference of the disputes to arbitration. There is no dispute with regard to the existence of a valid arbitration agreement between the parties.

In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator.

Accordingly, Mr. Abhishek Mahajan, Advocate, (Mob. No. 9810981062) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator shall enter upon the reference within three weeks from the date of the mediation report recording failure of settlement.

The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act.

The arbitration shall be carried under the rules and aegis of Delhi International Arbitration Centre (“DIAC”). The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

It shall be open to the parties to raise all pleas, including objection as to arbitrability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law.

It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11(6) of the Act. The learned Sole Arbitrator shall adjudicate the disputes with claims and counter claims independently and on their own merits, uninfluenced by any observations contained in the present order.

The Registry is directed to send a receipt of this order to Mr. Abhishek Mahajan, learned Arbitrator through all permissible modes including e-mail.

Accordingly, the present petition is disposed of in the above terms.