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Delhi High Court
Tata Capital Limited vs Madhav Diesels & Ors on 25 February, 2026
$~25 & 26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 25.02.2026
+ O.M.P. (T) (COMM.) 13/2026
TATA CAPITAL LIMITED .....Petitioner
Through: Mr. Savyasachi K. Sahai, Ms.
Madhumita Bagchi, Mr. Akash
Yadav and Mr. Hardik Maurya,
Advocates
versus
MADHAV DIESELS & ORS. .....Respondents
Through: Ms. Charu Singhal, Advocate.
+ O.M.P. (T) (COMM.) 14/2026 & I.A. 3817/2026 (For
exemption)
TATA CAPITAL LIMITED .....Petitioner
Through: Mr. Savyasachi K. Sahai, Ms.
Madhumita Bagchi, Mr. Akash
Yadav and Mr. Hardik Maurya,
Advocates
versus
MADHAV AUTO & ORS. .....Respondents
Through: Ms. Charu Singhal, Advocate.
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
% JUDGEMENT (ORAL)
HARISH VAIDYANATHAN SHANKAR, J.
1. The present petitions have been filed under Section 15 of the
Arbitration and Conciliation Act, 19961 seeking the appointment of
a substitute Arbitrator to adjudicate the dispute between the parties.
2. Learned counsel for the parties submit that the Petitioner, by
way of Petitions being ARB.P. 878/2021 & ARB.P. 877/2021, under
Section 11(6) of the Act sought appointment of an Arbitrator in terms
of Clause 12 of the Loan-cum-Guarantee Agreement dated
10.02.20202.
3. Vide two separate Orders dated 16.08.2022, Mr. Sanjivan
Kumar Sarvaria, learned former District & Sessions Judge, Delhi was
appointed as Arbitrator to adjudicate the dispute between the parties.
4. Learned counsel for the parties submit that vide Order dated
12.10.2025 [Annexed as Document-2 in O.M.P. (T) (COMM.)
13/2026], learned Arbitrator has expressed his inability to continue
with the matters on account of his heart treatment which is likely to
continue for long and terminated the mandate under Section 14(1) of
the Act.
5. In view of the above, this Court requests Mr. Kanwal Jeet
Arora, Former Principal District & Sessions Judge (email:
xxxxxxxxxxxxx, and Mobile No.xxxxxxxxxxxxxx) to enter into
reference as a Sole Arbitrator to adjudicate the disputes between the
parties.
6. The arbitration would take place under the aegis of the Delhi
International Arbitration Centre3 and would abide by its rules and
regulations. The learned Arbitrator shall be entitled to fees as per the
Schedule of Fees maintained by the DIAC.
The Act
Agreement
DIAC
7. The learned Arbitrator is also requested to file the requisite
disclosure under Section 12 (2) of the Act within a week of entering of
reference.
8. The Registry is directed to send a receipt of this order to the
learned arbitrator through all permissible modes, including through e-
mail.
9. All rights and contentions of the parties in relation to the
claims/counter-claims are kept open, to be decided by the learned
Arbitrator on their merits, in accordance with law.
10. It is clarified that, while referring the disputes to arbitration, all
rights and contentions of the Respondent, including the liberty to raise
such objections as may be available in law, are kept open.
11. Needless to say, nothing in this order shall be construed as an
expression of opinion of this Court on the merits of the controversy
between the parties. Let a copy of the said order be sent to the
Arbitrator through the electronic mode as well.
12. Accordingly, the present Petitions stand disposed of along with
the pending application(s), if any.
13. A photocopy of this Order be placed in the connected matter.
HARISH VAIDYANATHAN SHANKAR, J.
FEBRUARY 25, 2026/RK/KR
