Five Star Business Fianance Limited v. Lasmaiah Gundelli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M/s.Five Star Business Finance Limited represented by its Legal Officer, Mr.Madhusandhan Someswaran Regd. Office at New No.27 (Old No.4) Taylor's Road, Kilpauk, Chennai - 600 010.

..... Petitioner Vs 1.Lasmaiah Gundelli 2.Gundelli Rathan 3.Gundelly Saayavva 4.Rani Gundelli ..... Respondents Prayer : Application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint an Arbitrator to decide the disputes and differences between the petitioner and respondent in terms of Loan Agreement dated 31.12.2020.

For Petitioner : Mr.P.H.Vinodh Pandian *****

ORDER

This petition has been filed under Section 11 (6) of the Arbitration 1/5

and Conciliation Act, 1996 [for brevity 'the Act'] for appointment of an arbitrator to adjudicate the differences and disputes between the petitioner and the respondents under the Loan Agreement dated 31.12.2020.

2. Notice has been served on respondents and affidavit of service has been filed and the names of respondents have also been printed in the cause list. There is no appearance either in person or through counsel. This Court finds that there is a valid agreement between the parties in line with Section 7 of the Act. The agreement also provides for arbitration clause in Article 10 of the Loan Agreement.

3. In view of the above, this Court is inclined to proceed further and appoint Sole Arbitrator and refer the dispute between the petitioner and the respondents to the Sole Arbitrator, which will be dealt with on its own merits and in accordance with law.

4. In the light of the above discussion, this Court appoints 2/5

Ms.R.Hemalatha, Advocate, 51/1C, Prasanth Castle, 10 th Avenue, Ashok Nagar, Chennai - 600 083, [Mobile No.98401 24517], as the sole Arbitrator and the sole Arbitrator is requested to adjudicate the arbitral disputes that had arisen between the parties and render arbitral award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of Sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017. Accordingly, this petition is disposed of.

01.12.2025 Index:yes/no NCC:yes/no Speaking order/Non-speaking order gm 3/5

N.ANAND VENKATESH, J.

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