Madras High CourtArb O.P(COM.DIV.)/657/2025disposed of

M/S.Hoada Payment Solutions Private Limited v. M/S.Brown Arc Enterprise Private Limted,

2025-12-08Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-12-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb O.P(COM.DIV.) No. 657 of 2025 M/s.Hoada Payment Solutions Private Limited Rep by its Director, Vigneshwar Rajendran, No.853, 4th Floor, Thiyagarja Complex, Near Ankur Apartment, Poonamallee High Road, Kilpauk, Chennai. - 600 010.

Applicant(s) Vs M/s.Brown Arc Enterprise Private Limted, Rep by its Exeuctive Director Amith Kumar Kalimuthu, No.41, X-Block, Opp 4th Police Battalion, Kamaraja Road, Kovaipudur, Coimbatore - 641 042.

Respondent(s) PRAYER Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 praying to appoint an Arbitrator as this Honourable Court may deem fit and proper to arbitrate the dispute that has arisen between the parties.

For Applicant(s):

P. Murthy

ORDER

This petition has been filed under Section 11 (5) of the Arbitration and Conciliation Act, 1996 [for brevity 'the Act'] for appointment of an arbitrator to adjudicate the differences that has arisen between the parties.

2. When the matter came up for hearing on 31.10.2025, this Court passed the following order:

This original petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking for appointment of an Arbitrator to adjudicate the disputes between the petitioner and the respondent in terms of clause 12.14(ii) of the arbitration master services agreement dated 19.01.2024.

2. The trigger notice under Section 21 of the Arbitration and Conciliation Act has been issued on 05.02.2025.

3. Notice to the respondent returnable by 24.11.2025. Private notice is also permitted.

4. Post the case on 24.11.2025.

The private notice sent to the respondent has been served and the affidavit of service has also been filed. There is no representation for the respondent 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. 4.

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 respondent to the Sole Arbitrator, which will be dealt with on its own merits and in accordance with law.

5. In the light of the above discussion, this Court appoints Mr.T.Murugamanickam, Senior Advocate, N Block, 319, 25th Street, Anna Nagar East, Chennai 600 102, Mobile No.9840966260 email id : murugamanickamt@gmail.com , 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.

08-12-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.M/s.Brown Arc Enterprise Private Limited, Rep by its Exeuctive Director Amith Kumar Kalimuthu, No.41, X-Block, Opp 4th Police Battalion, Kamaraja Road, Kovaipudur, Coimbatore - 641 042.

N.ANAND VENKATESH J.

rka Arb O.P(COM.DIV.) No. 657 of 2025 08-12-2025