PAISALO DIGITAL LIMITED Vs. SUN CORP

JUDGEMENT

(1.) The present Petition, filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996, seeks appointment of a Sole Arbitrator for the purpose of resolution of disputes that are stated to have arisen inter se the parties arising out of the Clause 20 as set out in Hypothecation/Loan Agreement dtd. 2/3/2015. The said clause reads as follows:

(2.) Learned counsel for the Petitioner submits that the Notice under Sec. 21 of the Act was sent on 6/5/2025.

(3.) Learned counsel appearing on behalf of the Respondents submits that there has been no valid invocation of the arbitration clause in accordance with Sec. 21 read with Sec. 11(4) of the Act. She further contends that the alleged earliar notice dtd. 9/9/2017 was issued only after the learned Arbitrator had entered upon the reference and, in any event, the receipt thereof is specifically denied by the Respondents.