M/S Cholmandalam Investment And Finance Company Limited v. T.S.Kala Rani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M/s.Cholamandalam Investment and Finance Company Limited, Represented by its Manager-Legal, Mrs.Komal Sharma, Having office at "Chola Crest", Super B, C54 & C55, 4, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-600 032.
Petitioner Vs.
T.S.Kala Rani Respondent Prayer: Arbitration Original Petition filed under Section 11(6A) of the Arbitration and Conciliation Act, 1996, (As amended by Act 3 of 2016), to appoint a Sole Arbitrator in terms set out in Section 11(6A) of the Arbitration and Conciliation Act, 1996, to decide the dispute between the petitioner and the respondent arising out of the loan agreement dated 31.03.2017, along with direction that the cost of conducting arbitration proceedings, including the arbitrator's fee shall be borne by the petitioner and the respondents equally.
For Petitioner : No appearance For Respondent : Mr.C.K.M.Appaji 1/4
O R D E R
There was no representation on the side of the petitioner.
2. When the matter was taken up for hearing today, the learned counsel appearing for the respondent pointed out to the fact that the Sole Arbitrator had already passed an award dated 11.11.2022 and a copy of the award is also available in the typed set of papers filed by the respondent.
3. In view of the same, the stand taken by the petitioner as if the Arbitrator had withdrawn and cancelled the arbitration proceedings, is unsustainable. The learned counsel appearing for the respondent also brought to the notice of this Court the complaint filed before the Consumer Forum which resulted in an order passed in C.C.No.1 of 2022 dated 09.01.2024 against the petitioner Branch at Nagercoil and also HDFC Life Insurance Company Limited.
4. In the light of the above development, no further orders can be passed in this petition.
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5. Accordingly, this Arbitration Original Petition is dismissed. There shall be no order as to costs.
15-09-2025 ssb Index:Yes/No Speaking order/Non-speaking order NCC:Yes/No 3/4
N.ANAND VENKATESH, J ssb 15.09.2025 4/4