Arbitration Original Petition (Com.Div) No.82 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.10.2025 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Arbitration Original Petition (Com.Div.) No.82 of 2025 M/s.Shriram Finance Ltd. Formerly known as Shriram Transport Finance Co. Ltd., represented by its Power of Attorney/Authorized Signatory Mr.Ulavalakshmana Naidu registered office at 3rd Floor, Mookambika Complex, No.4, Lady Desika Road, Mylapore, Chennai. Currently at 14A, South Phase, Industrial Estate, Guindy, Chennai - 600 032. and Regional Office at 3rd Floor, Srinivasa Complex, Srinagar Colony, Mini Bypass Road, Nellore, Andhra Pradesh - 524 003. .... Petitioner Vs. 1.M/s.Sri Sai Venkateswara Auto Finance, represented by its Managing Partner, Mr.M.Kishore Kumar, Office at Balasubramanyam Complex, Near M V S Kalyana Mandabam, Chandramouli Nagar, Vedayapalem, Nellore - 524 004. Currently at Plot No:100, Wood Complex Road, Opp. 5th Town Police Station, Vedayapalem, Nellore, SPSR Nellore District, Andhra Pradesh - 524 004. 1/4 https://www.mhc.tn.gov.in/judis Arbitration Original Petition (Com.Div) No.82 of 2025 2.Mr.Molakala Kishore Kumar S/o.Venkataiah 3.Mrs.Molakala Lakshmi W/o.Kishore Kumar .... Respondents PRAYER Arbitration Original Petition (Com.Div.) filed under Section 11(4) & (5) of the Arbitration and Conciliation Act, 1996, praying to appoint a Sole Arbitrator. For Petitioner : Mr.M.Rahul For Respondents : Mr.S.R.Raghunathan for Mr.V.Anil Kumar ***** ORDER When this case came up for hearing on 03.09.2025, this Court passed the following order: "This Court heard the learned counsel for the petitioner and the learned counsel for the respondent. It is seen that the first Trigger Notice under Section 21 of the Act was issued on 21.12.2021. Even in the notice dated 02.06.2022, it is mentioned that an Arbitrator was appointed and he was not able to proceed further due to his ailments. Thereafter, notice dated 02.06.2022 was issued wherein, reference was made to a Revenue Sharing Agreement dated 10.10.2012. Whereas, the actual date of Revenue Sharing Agreement is 14.08.2014. The learned counsel for the petitioner submitted that it is a typographical error and that even in the body of the notice, there is a specific reference to the Agreement dated 14.08.2014. This is the third time, the petitioner is attempting to appoint an Arbitrator. 2.This Court wants to go through the Trigger Notice dated 21.12.2021, since it will give a clear understanding on the Revenue Sharing Agreement that was relied upon and this Court 2/4 https://www.mhc.tn.gov.in/judis Arbitration Original Petition (Com.Div) No.82 of 2025 will also able to ascertain as to when the cause of action arose in this case. 3.The learned counsel for the petitioner seeks for some time to produce the copy of the notice dated 21.12.2021. 4.Post this case under the caption 'For Orders' on 15.09.2025." 2. The matter was thereafter adjourned on a couple of occasions and till date, learned counsel for petitioner is not able to produce the copy of the notice dated 21.12.2021. 3. This Court expressed its mind that if the learned counsel for petitioner is only going to rely upon the earlier notice dated 02.06.2022, which specifically makes reference to Revenue Sharing Agreement dated 10.10.2012, this Court has to necessarily reject this petition since the said agreement has not been produced before this Court. More particularly, after the learned Arbitrator withdrew from the reference on 18.03.2023, the petitioner has not even chosen to issue a fresh notice under Section 21 of the Arbitration and Conciliation Act, 1996. N.ANAND VENKATESH, J. 3/4 https://www.mhc.tn.gov.in/judis Arbitration Original Petition (Com.Div) No.82 of 2025 gm 4. Learned counsel for the petitioner seeks permission of this Court to withdraw this petition and has also made an endorsement to that effect. Recording the said endorsement, this Arbitration Original Petition is dismissed as withdrawn. 06.10.2025 NCC:Yes/No Index:Yes/No Speaking Order/Non-Speaking Order gm Arbitration Original Petition (Com.Div) No.82 of 2025 4/4 https://www.mhc.tn.gov.in/judis