Delhi High Court – Orders
Cars 24 Financial Services Private … vs Garev Budhraja & Anr on 6 March, 2025
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1596/2024
CARS 24 FINANCIAL SERVICES PRIVATE LIMITED
.....Petitioner
Through: Mr.Rit Arora and Mr.Anurag Arora,
Advocates
versus
GAREV BUDHRAJA & ANR. .....Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 06.03.2025
1. By way of present petition filed under Section 11 of the Arbitration
and Conciliation Act, 1996 (hereinafter, referred to as the ‘A&C Act’), the
petitioner seeks constitution of an Arbitral Tribunal comprising of a Sole
Arbitrator, to adjudicate upon the disputes between the parties.
2. Learned counsel for the petitioner submits that the parties had entered
into a Credit Facility Agreement dated 02.11.2019, Clause 15.2 of which
provides that disputes arising between the parties with respect to the subject
Agreement shall be resolved through arbitration. It further stipulates that the
seat of arbitration shall be at New Delhi.
3. Disputes having arisen between the parties, the petitioner invoked
arbitration vide notice dated 14.08.2024 issued to the respondents under
Section 21 of the A&C Act.
This is a digitally signed order.
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4. Learned counsel for the petitioner submits that respondents have been
served through postal mode as well as electronic mode. In this regard,
reference is made to the affidavit of service placed on record. The affidavit
of service is accompanied by a tracking report which states that the
respondents have been served through speed post on 18.12.2024.
Respondent No.1 has additionally been served through email, sent on
18.01.2025, which has not bounced back. Accordingly, respondents are
deemed to be served.
5. Notably, today, neither the respondents are represented nor any
reply(s) has been filed on their behalf. It appears that the respondents have
no objection to the reference of the disputes to the Sole Arbitrator.
6. In view of the above, the present petition is disposed of with the
following directions: –
i) The disputes between the parties under the said agreement are referred
to the Arbitral Tribunal comprising of a Sole Arbitrator.
ii) Mr. Shivam Sachdeva, Advocate (Mob.No. 9971358035) is appointed
as the Sole Arbitrator to adjudicate the disputes between the parties.
iii) The arbitration will be held under the aegis of the Delhi International
Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi
hereinafter, referred to as the ‘DIAC’). The remuneration of the
learned Arbitrator shall be in terms of DIAC (Administrative Cost and
Arbitrators’ Fees) Rules, 2018 or as the parties may agree.
iv) The learned Arbitrator shall 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 on the existence and validity of the Arbitration agreement,
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 06/03/2025 at 22:21:18
arbitrability of any of the claim/counter claim, any other preliminary
objection, need and legality of interim relief, as well as contentions on
merits of the dispute by either of the parties, are left open for
adjudication by the learned Arbitrator.
vi) The parties shall approach the learned Arbitrator within two weeks
from today.
MANOJ KUMAR OHRI, J
MARCH 6, 2025
na
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 06/03/2025 at 22:21:18
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