Five Star Business Finance Limtied v. Mahendra S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU Five Star Business Finance Limtied Regd. Office at New No.27 (Old No.4) Taylors road, Kilpauk, Chennai - 600 010.

Represented by its Authorized Signatory Madhusandan Someswaran.

..Petitioner(s) Vs

1. Mahendra S S/o.Mr.Shankarlal, No.8, Babai, Hoshangabad, Madhya Pradesh, Pincode - 461 661.

2. Mrs.Pinki K., W/o.Mr.Mahendra S, No.8, Babai, Hoshangabad, Madhya Pradesh - 461 661.

..Respondent(s) Prayer:- To appoint a Sole Arbitrator to adjudicate the differences and disputes between the petitioner and the respondents under the Loan Agreement dated 30.01.2024 Bearing Reference Number FSMPLALONS000005516396. For Petitioner : Mr.P.Suresh For Respondents : Set Exparte

ORDER

This Arbitration Original Petition has been filed under Section 11(5) &(6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator to

adjudicate the differences and disputes between the petitioner and the respondents under the Loan Agreement, dated 30.01.2024, bearing reference Number FSMPLALONS000005516396.

2. Heard Mr.P.Suresh, 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 petitioner on 06.09.2025. In spite of the same, the respondents have not chosen to respond. From a reading of the Loan Agreement dated 30.01.2024 entered to between the petitioner 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,

Ms.S.Malathiraji, Advocate, (Mobile No.9489481869) having office at Women Lawyers Association, 1st Floor, High court Buildings, Chennai - 600 104 and having chamber at 427, New Additional Law Chambers 4th Floor, High Court Buildings, Chennai - 600 104 is appointed as Sole Arbitrator to enter upon the reference and resolve the disputes between the petitioner 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.S.Malathiraji, Advocate, Women Lawyers Association, 1st Floor, High court Buildings, Chennai - 600 104

K.KUMARESH BABU, J.

GBA 04-06-2026