Five Star Business Finance Limited v. Kota Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb O.P(COM.DIV.) No. 440 of 2025

1. Five Star Business Finance Limited Rep by its Legal Officer Mr.MadhuSandanSomeswaran, Registered Office at New No.27, Old No.4,Taylors Road,Kilpauk, Chennai-600010.

Applicant(s) Vs

1. Kota Ramesh D.No.3-2-108, Boyawada,Mettapally, Karimnagar,Jagital, Telangana-505325.

2.Kota Manjula D.no.3-2-108, Boyawada, Mettapally, Karimnagar, Jagital, Telangana-505325.

Respondent(s) PRAYER To appoint an Arbitrators to decide the disputes and differences between the Petitioner and Respondent in terms of Loan Agreement dated 27.11.2018 and 01.03.2021.

For Applicant(s):

Mr.Vinodhini Mathelene Mr.P.H.Vinodh Pandian For Respondent(s):

ORDER

This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [for brevity hereinafter referred to as the "Act"] for appointment of an Arbitrator. 2.

When the matter came up for hearing on 29.07.2025, this Court passed the following order:- This petition has been filed under Section 11 of the Arbitration and Conciliation Act, seeking for appointment of an arbitrator by this Court.

2. There seems to be a dispute between the petitioner and the respondents, arising out of two loan agreements dated 27.11.2018 and 01.03.2021 respectively. In the said agreements, there exists arbitration clauses, which are extracted hereunder:

3. The petitioner has invoked arbitration in accordance with the arbitration clause by issuing notice to the respondents on

11.03.2025 to comply with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996. No reply has been received for the same. Since the respondents have not agreed for arbitration, the petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking for appointment of an arbitrator by this Court.

4. 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 invoked arbitration in accordance with the arbitration clause by complying 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 is issuing notice to the respondents, returnable by 21.08.2025. Private notice is also permitted. 3.

Notices were served on the respondents and the affidavit of service has also been filed before this Court and the names of the respondents have also been printed in the cause-list. There is no appearance either in person or through counsel. 4.

Taking into consideration the materials placed before this Court and the earlier order passed by this Court on 29.07.2025, Ms.A.Arul Mary, Advocate, at 4B, Santhome High Court, Santhome,

Chennai 600 004 (Near Archbishop's house- Santhome), Mobile No.9176588830, is appointed as sole Arbitrator and the Arbitrator is requested to adjudicate the arbitral dispute that were arising between the parties by holding the sittings in any venue in Chennai to the convenience of all concerned and render an award. Fees of the sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017.

5.

This Arb. OP is disposed of in the above terms. There shall be no order as to costs.

13-10-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Kota Ramesh D.No.3-2108,Boyawada,Mettapally, Karimnagar,Jagital,Telangana505325.

2.Kota Manjula D.no.3-2108,boyawada,mettapally, Karimnagar,jagital,telangana505325.

N.ANAND VENKATESH J.

rka Arb O.P(COM.DIV.) No. 440 of 2025 13-10-2025