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2026 DAILYLAW 50767 (MAD)

Five Star Business Finance Limited v. Kurma Beeraiah

Arb O.P(COM.DIV.)/164/2026 · 2026-07-08

K Kumaresh Babu

Transfer Petitionbody2026

Judgment text

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Arb O.P(COM.DIV.) No. 164 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU Arb O.P(COM.DIV.) No. 164 of 2026 Five Star Business Finance Limited, Rep.by its Legal Officer, Mr.MadhuSandhanSomeswaran, Registered Office at New No.27, Old No.4, Taylor’s Road, Kilpauk, Chennai – 600 010 ..Petitioner(s) Vs 1. Kurma Beeraiah 2. Kurma Raju 3. Kurma Mallavva 4. Kurma Rajaiah 5. Kurma Manjula ..Respondent(s) PRAYER : Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint an Arbitrator(s) to decide the disputes and differences between the petitioner and respondent in terms of Loan Agreement dated 17.03.2021. For Petitioner(s): Mr. S.Nataraj For Respondent(s): No appearance ORDER This Arbitration Original Petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator to decide the disputes and differences between the petitioner and respondent in terms of Loan Agreement dated 17.03.2021. https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 164 of 2026 __________ Page2 of 4 2. Heard Mr.S.Nataraj, learned counsel for the petitioner. 3. In spite of notice having been served upon the respondents, they have not chosen to appear either in person or through counsel. Their names were printed in the cause list, but they were called absent and set ex-parte. 4. A notice under Section 21 of the Arbitration and Conciliation Act, 1996 has been issued by the petitioner on 11.03.2025. In spite of the same, the respondents have not chosen to respond. From a reading of the Loan Agreement dated 17.03.2021 entered to between the petitioner and the respondents, it could be seen that the parties are agreed to resolve the disputes by appointing an Arbitrator. 5. In view of the Loan Agreement and considering the nature of claim, this Court deems it appropriate to appoint an Arbitrator. Accordingly, Mr.P.Paramasivan, Advocate, having address at No.480B, Additional Law Chambers, High Court Buildings, Chennai – 600 104 (Mobile No.8610702399), is appointed as Sole Arbitrator to enter upon the reference and resolve the disputes between the petitioner and the respondents. https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 164 of 2026 __________ Page3 of 4 6. The learned Sole Arbitrator is entitled to fix his fees as per the Schedule-IV of the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible, however, not later than six(6) months from the date of his entering into reference. 7. Accordingly, this Arbitration Original Petition is ordered. 08-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No kak To Mr.P.Paramasivan, Advocate, having address at No.480B, Additional Law Chambers, High Court Buildings, Chennai – 600 104 (Mobile No.8610702399) https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 164 of 2026 __________ Page4 of 4 K.KUMARESH BABU, J. kak Arb O.P(COM.DIV.) No. 164 of 2026 08-07-2026 https://www.mhc.tn.gov.in/judis