M/S.Tata Capital Limited, v. Revathi Agencies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2025
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M/s.Tata Capital Limited, Rep. by its Authorised Signatory - Power Agent Manoj.M, having its registered office at 11th Floor, Tower - A, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai - 400 013.
Having one of its branch offices at:
1st Floor, Centennial Square, No.6A, Dr.Ambedkar Salai, Kodambakkam, Chennai - 600 024.
... Petitioner Vs.
1.Revathi Agencies, Represented by its Proprietor, Goranakonda Jithender, Vishnu Puri Colony, 24-16/4/A, Malkajgiri, Hyderabad, Telangana - 500 047.
2.Revathi Gornakonda ... Respondents PRAYER: Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator to adjudicate upon the Page No.1 of 6
differences and disputes between the parties under the said Loan cum Guarantee (Channel Finance) Agreement dated 22.05.2024. For Petitioner :
Mr.M.Arunachalam For Respondents :
Set exparte
ORDER
The names of the respondents are printed in the cause list today. The 2nd respondent was set exparte by this Court on 30.07.2025. Since the notice sent to the 1st respondent was returned with an endorsement 'unclaimed', which amounts to deemed service, this Court directed the Registry to print the name of the 1st respondent in the cause today. Till date, the respondents remains unrepresented. Hence, the respondents are set exparte by this Court.
2. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking for appointment of an Arbitrator by this Court.
3. There seems to be a dispute between the petitioner and the respondents arising out of the Loan cum Guarantee Agreement (Channel Page No.2 of 6
Finance) dated 22.05.2024. There exists an arbitration clause in the Loan cum Guarantee Agreement (Channel Finance) dated 22.05.2024. The same is reproduced hereunder:
4. The petitioner has invoked arbitration in accordance with the arbitration clause by issuing notice to the respondents on 04.03.2025 to comply with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996. The respondents have not sent any reply to the same.
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5. The respondents have also been set exparte by this Court in this petition. Since there exists an arbitration clause in the contract, which is the subject matter of the dispute between the parties, and since the petitioner has complied with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996 and since there is no consensus between the parties with regard to the name of the Arbitrator, this Court has to necessarily appoint an Arbitrator as prayed for in this petition.
6. Accordingly, this Arbitration Original Petition is allowed as prayed for by issuing the following directions:
(a) Mr.Sanjay Pinto, Advocate, who is having office at No.5, 'Manasarovar', 1st Floor, 60, C.P.Ramaswamy Road, Alwarpet, Chennai - 600 018 (Mobile No.98400 91547) is appointed as the sole Arbitrator to decide the dispute between the petitioner and the respondents arising out of the Loan cum Guarantee Agreement (Channel Finance) dated 22.05.2024; (b) The Arbitrator shall be paid his remuneration / fees in accordance with the 4th schedule of the Arbitration and Conciliation Act, 1996 or as per the mutual consent of both the parties;
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(c) Both the parties shall equally share the arbitrator's fees; (d) The Arbitrator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act. 05.08.2025 Index : Yes/No Speaking Order : Yes / No sp Page No.5 of 6
ABDUL QUDDHOSE. J.
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