M/S.Mercedes Benz Financial Services India Pvt .Ltd., v. Puthalath Habitat Pvt .Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.06.2025

CORAM

THE HON'BLE Mr. JUSTICE ABDUL QUDDHOSE M/s.Mercedes - Benz Financial Services India Pvt. Ltd. 5th Floor, Plot 8, Baashyam Willow Square 9 & 10, First Street, Thiru Vi. Ka. Industrial Estate Guindy, Chennai - 600032, Tamil Nadu, India Represented by its Authorised Signatory

...Petitioner

vs.

1. Puthalath Habitat Pvt. Ltd.

15 746, Puthalath, Muthuvanathara Olavanna, Kozhikode Kozhikode - 673019, Kerala.

Also at Puthalath House, Muthuvanathara Pantheerankavu P.O Kozhikode - 673019, Kerala Also at Building Door No.13/111 8B, Calicut Trade Centre Sarovaram, Eranhipalam Kozhikode - 673020.

2. E.Silpa ... Respondents Prayer : Arbitration Original Petition (Commercial Division) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint an arbitrator to adjudicate upon the differences and disputes 1/3

between the parties under the Agreement dated 31.07.2023 in respect of Contract No.10157220 pass such further other order or orders as this Hon'ble Court may be deem fit and proper to the circumstances and thereby render justice.

For petitioner : Mr.M.Arunachalam For Respondents : Mr.Aravind Athithan.A

ORDER

The learned counsel for the petitioner submits that since the loan account has been regularized by the respondents, the petitioner is not pressing this petition for the present. However, he seeks liberty for the petitioner to file a fresh petition in case the respondents commit default in the repayment of the loan to the petitioner in the near future.

2. Accordingly, this petition is dismissed as withdrawn. However, liberty as prayed for by the learned counsel for the petitioner is granted. 17.06.2025 Index: Yes/ No Speaking order / Non speaking order Maya 2/3

ABDUL QUDDHOSE, J.

Maya Dated : 17.06.2025 3/3