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2025 DAILYLAW 206350 (MAD)

Tata Capital Limited v. Vikram Shirish Kalate

Arb O.P(COM.DIV.)/555/2025 · 2025-10-27

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Arb.O.P.(Com.Divn.) No.555 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.10.2025 CORAM THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH Arb.O.P.(Com.Divn.) No.555 of 2025 Tata Capital Limited By its Associate Legal Remedial R.Kamalakkannan Having its office at I Floor, Centennial Square 6A – Dr.Ambedkar Salai Kodambakkam, Chennai – 600 024. .... Petitioner Vs Vikram Shrish Kalate Sr.No.277 2, Near PC Mc School Wakad Chowk Wakad, Pune City Landmark – Pune City Maharashtra – 411 057. .... Respondent Prayer : Application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint a Sole Arbitrator to adjudicate upon the differences and disputes between the parties under the said agreement dated 28.10.2023 in respect of contract bearing No.TCFBL0631000012422995 and pass orders. For Petitioner : Mr.N.K.Vanan For Respondent : No Appearance 1/5 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Divn.) No.555 of 2025 ORDER This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [for brevity hereinafter referred to as the “Act”] for appointment of an Arbitrator to adjudicate the disputes between the petitioner and the respondent. 2. When the matter came up for hearing on 10.09.2025, this Court passed the following order: “The parties are governed by a loan agreement dated 28.10.2023, which provides for referring the disputes to the Arbitrator in Clause 10 of the agreement. The trigger notice dated 25.06.2025 under Section 21 of the Arbitration and Conciliation Act, 1996 was issued to the respondent. 2. Notice to the respondent returnable by 13.10.2025. Private notice is also permitted. Post on 13.10.2025.” 3. Pursuant to the above order, notice was served on the respondent and affidavit of service has been filed. There is no appearance for the respondent either in person or through counsel. 2/5 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Divn.) No.555 of 2025 4. Heard Mr.N.K.Vanan, learned counsel appearing for the petitioner and also perused the materials available on record. 5. Considering the fact that there is a valid agreement between the parties in line with Section 7 of the Act, which contains an arbitration clause, this Court is inclined to appoint an arbitrator. 6. In view of the above, Dr.R.Gouri, Advocate, having Chambers at 22, Law Chambers, High Court Buildings, Chennai-600 104, Ph.No.98407-33669; email ID: rgouriselvakumar@yaoo.com; rgouriselvakumar@gmail.com is appointed as sole Arbitrator and the Arbitrator is requested to adjudicate the arbitral dispute that were arising between the parties by holding the sittings in any venue in Chennai to the convenience of all concerned and render an award. Fees of the sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017. 3/5 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Divn.) No.555 of 2025 7. This Arb. OP is disposed of in the above terms. There shall be no order as to costs. 27-10-2025 ds 4/5 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Divn.) No.555 of 2025 N. ANAND VENKATESH., J ds Arb.O.P.(Com.Divn.) No.555 of 2025 27.10.2025 5/5 https://www.mhc.tn.gov.in/judis