Arb O.P(COM.DIV.) No. 651 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-12-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb O.P(COM.DIV.) No. 651 of 2025 1. M/s.Five Star Business Finance Limited, New No.27 (Old No. 4) Taylors Road Kilpauk Chennai 600 010Regd. office at New No.27 (old No.4) Taylors Road, Kilpauk, Chennai - 600 010. Represented by its Authorized Singantory Madhusandhan Someswaram Applicant(s) Vs 1. Mrs.Malapuri Vaijanath New No.27 (Old No. 4) Taylors Road Kilpauk Chennai 600 010W/o.Vaijanath, Laxmi Galli Hosur, Belgaum, Karnataka - 591143. 2.Vaijanath Maruti Naik S/o.maruti, Laxmi Galli Hosur, Belgaum, Karnataka - 591 143 3.Lagamavva Maruti Nayik W/o.maruti, Laxmi Galli Hosur, Belgaum, Karnataka - 591 143 Respondent(s) https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 651 of 2025 PRAYER Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 praying to Appoint Sole Arbitrator to adjudicate the differences and disputes between the petitioner and the respondents under the Loan Agreement dated 25.09.2019 Bearing Reference Number FSKALALONS000005113943. For Applicant(s): Mr.P Suresh ORDER This petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 [for brevity 'the Act'] for appointment of an arbitrator to adjudicate the differences and disputes between the petitioner and the respondents under the Loan Agreement dated 25.09.2019 Bearing Reference Number FSKALALONS000005113943. 2. When the matter came up for hearing on 31.10.2025, this Court passed the following order: This original petition has been filed under Section 11(5)&(6) of the Arbitration and Conciliation Act, 1996 seeking for appointment of an Arbitrator to adjudicate the disputes between the petitioner and the respondents in terms of Article 10 of the arbitration loan agreement dated https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 651 of 2025 25.09.2019. 2. The trigger notice under Section 21 of the Arbitration and Conciliation Act has been issued on 27.05.2025. 3. Notice to the respondents returnable by 24.11.2025. Private notice is also permitted. 4. Post the case on 24.11.2025. 3. When the matter came up for hearing on 01.12.2025, this Court passed the following order:- Affidavit of service has been filed and it is seen that private notice sent to respondents has been returned with an endorsement 'refused'. Hence, there is a deemed service on respondents. 2. The Registry is directed to verify as to whether any vakalath has been filed on behalf of respondents, else the name of respondents shall be printed in the cause list. 3. Post this petition on 08.12.2025. 4. Though the names of the respondents have been printed in the cause-list, there is no appearance either in person or through counsel. This Court finds that there is a valid agreement between the https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 651 of 2025 parties in line with Section 7 of the Act. The agreement also provides for arbitration clause in Article 10 of the Loan Agreement. 5. In view of the above, this Court is inclined to proceed further and appoint Sole Arbitrator and refer the dispute between the petitioner and the respondent to the Sole Arbitrator, which will be dealt with on its own merits and in accordance with law. 6. In the light of the above discussion, this Court appoints Mr.Aravind Raj, Advocate, Residing at Bannari Amman Towers, Block A, Second Floor, No.29/18, Dr.Radha Krishnan Salai, Mylapore, Chennai, Tamil Nadu 600 004. [Mobile No.97902 14161], as the sole Arbitrator and the sole Arbitrator is requested to adjudicate the arbitral disputes that had arisen between the parties and render arbitral award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of Sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017. https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 651 of 2025 7. Accordingly, this petition is disposed of. 08-12-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 651 of 2025 To 1.Mrs.Malapuri Vaijanath New No.27 (Old No. 4) Taylors Road Kilpauk Chennai 600 010W/o.Vaijanath, Laxmi Galli Hosur, Belgaum, Karnataka - 591143. 2.Vaijanath Maruti Naik S/o.maruti, Laxmi Galli Hosur, Belgaum, Karnataka - 591 143 3.Lagamavva Maruti Nayik W/o.maruti, Laxmi Galli Hosur, Belgaum, Karnataka - 591 143 https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 651 of 2025 N.ANAND VENKATESH J. rka Arb O.P(COM.DIV.) No. 651 of 2025 08-12-2025 https://www.mhc.tn.gov.in/judis