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Madras High CourtArb O.P(COM.DIV.)/741/2025disposed of

M/S.Shriram Finance Limited v. Shr Lakshmi Narayana Agency

2026-02-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH M/s.Shriram Finance Limited Formerly known as M/s.Shriram Transport Finance Co. Ltd., Rep by its Power of Attorney/ Authorized Officer, Mr.V.Velu, having registered office at No.14A, South Phase, Industrial Estate, Guindy, Chennai. Branch Office at No.1/173, Sridhalakshmi Complex, GNT Road, Karanodai - 600 067.

Petitioner Vs

1. Sri Lakshmi Narayana Agency Rep. by its Prop. R.Siva, No.313, GNT Road, Karanodai, Sholavaram - 600 067, Residing at No.2/7, Muthiyamman Koil Street, Sothupeumbedu - 600 067.

2.K Nagarjunan No.1/254, Lakshmiamman Koiil Street, Karanodai - 600 067.

Respondents PRAYER Arbitration Original Petition filed under Section 11(4) and (5) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator. For Petitioner :

Ms.N Jayabharathi

ORDER

This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as 'the Act'] to appoint a sole arbitrator to adjudicate the disputes between the parties.

2. When this petition came up for hearing on 21.11.2025, 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 respondents in terms of Article 22 of the arbitration hypothecation cum loan agreement dated 14.08.2018.

2. The trigger notice under Section 21 of the Arbitration and Conciliation Act has been issued on 06.03.2025.

3. Notice to the respondents returnable by 17.12.2025. Private notice is also permitted.

4. Post the case on 17.12.2025."

3. The matter was again listed for hearing on 05.01.2026 and this Court passed the following order:

"The notice that was sent to the respondents has been returned with an endorsement 'unclaimed'.

2. In view of the above, the learned counsel for the petitioner is directed to effect notice on the respondents through paper publication. The paper publication shall be effected in the Malai Murasu, Thiruvallur edition, on or before 16.02.2026.

3. Post on 27.02.2026."

4. Paper publication was effected and affidavit of service has also been filed. The names of respondents have also been printed in the cause list. However, there is no representation on the side of respondents either in person or through a pleader. This Court finds that the parties are governed by a loan agreement dated 14.08.2018, which contains an arbitration clause and it satisfies the requirement of Section 7 of the Act.

5. In view of the above, this Court appoints Ms.V.Sudha, 250, New Additional Law Chambers, High Court Buildings, Chennai - 600 031 [Mobile No.99622 69669] 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.

27.02.2026 Index:Yes/No Speaking/Non-speaking order gm

N.ANAND VENKATESH J.

gm 27.02.2026