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Madras High CourtArb O.P(COM.DIV.)/99/2026ordered

M/S.Shrinithi Capital Private Ltd., v. Sivakumar

2026-06-04Honourable Mr.Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU

1. M/s.Shrinithi Capital Private Ltd., Represented by its Chief Manager Mr.R.SELVAM, at 2nd Floor, 2A, Mookambika complex, No.4, Lady Desika Road, Mylapore, Chennai 600 004

2. M/s.Shriram Finance Limited., Represented by its Assistant Credit Manager Mr.M.Sakthivel, Sri Towers, Plot No.14A, South Phase Industrial Estate, Guindy, Chennai - 600 032.

..Petitioner(s) Vs

1. Sivakumar S/o.Chinnaraj, No.2/479, K Ichampadi colony, Ichampadi, Harur, Dharmapuri - 635 202.

2. Bhavani W/o.Sivakumar, No.2/479, K Ichampadi Colony, Ichampadi, Harur, Dharmapuri - 635 202.

3. Manikandan S/o.Raman, No.2/381, K Ichampadi Colony, Ichampadi, Harur, Dharmapuri - 635 202.

..Respondent(s) PRAYER:- To appoint a Sole Arbitrator to decide and adjudicate upon the dispute between the petitioner and respondents arising out of Loan cum Hypothecation Agreement 03.06.2024.

For Petitioner : Mr.K.Sendurpandi For Respondents : Set Exparte

ORDER

This Arbitration Original Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator to decide and adjudicate upon the dispute between the petitioner and respondents arising out of Loan cum Hypothecation Agreement 03.06.2024.

2. Heard Mr.K.Sendurpandi, learned counsel for the petitioner.

3. In spite of notice having been served upon the respondents through Court and their names are reflected in the cause list. Today, when the matter is taken up for hearing, there is no representation on the side of the respondents nor through their counsel before this court. Hence, they were called absent and are set ex-parte.

4. A notice under Section 21 of the Arbitration and Conciliation Act, 1996 has been issued by the petitioners on 18.09.2025. In spite of the same, the

respondents have not chosen to respond. From a reading of the Loan Agreement dated 03.06.2024 entered to between the petitioners and the respondents, it could be seen that the parties have 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.V.Nallasenapathy, Advocate, (Mobile No.98415 27190) having office at No.15, Shanthi Nagar, Korattur, Chennai - 600 050 is appointed as Sole Arbitrator to enter upon the reference and resolve the disputes between the petitioners and the respondents.

6.

The learned Sole Arbitrator is entitled to fix her 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.

7. Accordingly, this Arbitration Original Petition is ordered. No costs. 04-06-2026 Index: Yes/No Speaking/Non-speaking order GBA

To

1. The Madras High Court Arbitration Centre, Madras.

2. Mr.V.Nallasenapathy, No.15, Shanthi Nagar, Korattur, Chennai - 600 050.

K.KUMARESH BABU, J.

GBA 04-06-2026