1/7 Arb O.P(COM.DIV.) No. 521 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-10-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb O.P(COM.DIV.) No. 521 of 2025 1. M/s. Five Star Business Finance Ltd., Regd Office at New No 27 (Old No 4) Taylors Road, Kilpauk, Chennai 600 010 Rep. by its Authorized Signatory Madhusandhan Someswaran Petitioner(s) Vs 1.Mrs KN Sumabai 2.Krishna Nair 3.Sharath Kumar 4.K.Bhavya Shree Respondent(s) PRAYER Petition filed under Section 11 of the Arbitration and Conciliation Act, praying to appoint a Sole Arbitrator to adjudicate the differences and https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis 2/7 Arb O.P(COM.DIV.) No. 521 of 2025 disputes between the petitioner and the respondents under the Loan Agreement dated 18.07.2018 Bearing Reference Number FSKALALONS000005047865. For Petitioner(s): Mr.P.Suresh ORDER This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for the sake of brevity, hereinafter referred to as ' the Act') seeking for the appointment of an Arbitrator by this Court. 2.When the matter came up for hearing on 28.08.2025, this Court passed the following order: This petition has been filed under Section 11 of the Arbitration and Conciliation Act, seeking for appointment of an arbitrator by this Court. 2. There seems to be a dispute between the petitioner and the respondents, arising out of the loan agreement dated 18.07.2018. In the said agreement, there exists an arbitration clause, which is extracted hereunder: https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis 3/7 Arb O.P(COM.DIV.) No. 521 of 2025 3. The petitioner has invoked arbitration in accordance with the arbitration clause by issuing notice to the respondents on 27.05.2025 to comply with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996. No reply has been received for the same. 4. Since there exists an arbitration clause in the contract, which is the subject matter of the dispute between the parties and since the petitioner has invoked arbitration in accordance with the arbitration clause by complying with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996 and since there is no consensus between the parties with regard to the name of the arbitrator, this Court is issuing notice to the respondents, returnable by 25.09.2025. Private notice is also permitted. https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis 4/7 Arb O.P(COM.DIV.) No. 521 of 2025 3.Notice has been served on the respondents and their names have also been printed in the cause list. However, there is no representation either in person or through counsel. 4.It is seen that there is an existence of a valid agreement under Section 7 of the Act and it contains an arbitration clause. Therefore, all the other issues can be raised before the learned Arbitrator who shall deal with the same on its own merits and in accordance with law. 5.In view of the above, this Court is inclined to to appoint a sole Arbitrator. Ms.Bhargavi, Advocate (MS/3157/2011), 67/28, Armenian Street, Leelavathi Building, 2nd Floor, Broadway, Chennai 600 001 [Mobile:9962371225] eMail:bhargavi@nerlegal.com is appointed as sole Arbitrator. The sole Arbitrator is requested to enter upon reference, adjudicate upon arbitrable disputes that have arisen between the parties. The Arbitrator shall holds sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis 5/7 Arb O.P(COM.DIV.) No. 521 of 2025 Rules 2017 and fee of Hon'ble sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017. 6.This petition is disposed of in the above terms. No Costs. 13-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis 6/7 Arb O.P(COM.DIV.) No. 521 of 2025 To 1.Ms.Bhargavi, Advocate (MS/3157/2011), 67/28, Armenian Street, Leelavathi Building, 2nd Floor, Broadway, Chennai 600 001 [Mobile:9962371225] eMail:bhargavi@nerlegal.com 2.The Director Tamil Nadu Mediation and Conciliation Centre-cum-Ex-Officio Member Madras High Court Arbitration Centre Chennai - 104. https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis 7/7 Arb O.P(COM.DIV.) No. 521 of 2025 N.ANAND VENKATESH J. ssr Arb O.P(COM.DIV.) No. 521 of 2025 13-10-2025 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis