M/S.Swiftmain Communication Ltd., v. Pawan Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU M/s.Swiftmain Communication Ltd., Represented by its Director Mr.Akshya Patwari, 4E, Century Plaza, 560-562, Mount Road, Chennai - 600 018.

..Petitioner(s) Vs

1. Mr.Pawan Kumar Singh Proprietor, M/s.Apex Network, Having office at B-17, Bansal Complex, Near HDFC Bank, Faizabad Road, Indira Nagar, Lucknow - 226 016, Uttar Pradesh, also at Mr.Pawan Singh, S/o.Ramesh Kumar Singh, 27, Ravindra Pillai, Indira Nagar, Lucknow, Uttar Pradesh - 226 016.

2. M/s.Apex Network India Private Ltd Represented by its Director, Having Registered Office at B-17, Bansal Complex, Near HDFC Bank, Faizabad Road, Indira Nagar, Lucknow - 226 016, Uttar Pradesh.

3. M/s.Apex Netcom India Private Limited Represented by its CEO, Mr.Pawan Kumar Singh, Having Registered Office at B-17, Bansal Complex, Near HDFC Bank, Faizabad Road, Indira Nagar,

Lucknow - 226 016 Uttar Pradesh.

4. M/s.Apex Netcom India Private Limited Represented by its Chairman, Dr.Ramesh Singh, Having Registered Office at B-17, Bansal Complex, Near HDFC Bank, Faizabad Road, Indira Nagar, Lucknow - 226 016, Uttar Pradesh.

5. M/s.Apex Netcom India Private Limited Represented by its Director, Mrs.Swathi Singh W/o.Mr.Pawan Singh, Having Registered Office at B-17, Bansal Complex, Near HDFC Bank, Faizabad Road, Indira Nagar, Lucknow - 226 016 Uttar Pradesh.

..Respondent(s) PRAYER : Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint an Arbitrator to adjudicate the disputes between the Petitioner and the Respondent in terms of the arbitration agreement dated 04/08/2009.

b) Direct the Respondents to pay the costs.

For Petitioner(s):

Mr.Mohamed Sajid For Respondent(s):

No appearance

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 adjudicate the differences and resolve the disputes between the petitioner and

the respondents in accordance with the terms of the Loan Agreement dated 04.08.2009.

2. Heard Mr.Mohamed Sajid, 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 23.06.2025. Inspite of the same, the respondents have not chosen to respond. From a reading of the Loan Agreement dated 04.08.2009 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, Justice Mr.P.Ganesan, Retired District Judge, having address at No.778, Judges Colony, Kakithapuram 4th Street, S.Kolathur, Kovilambakkam, Chennai - 600 117, (Mobile No:96000 45571, 96000 45570) is appointed as

Sole Arbitrator to enter upon the dispute between the petitioner and the respondents.

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. 18-06-2026 Index: Yes/No Speaking/Non-speaking order kak

K.KUMARESH BABU, J.

kak 18-06-2026