Shriram Foundations Private Limited v. Mr.S.V.S.Kannan

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. 434 of 2025

1. Shriram Foundations Private Limited Represented by Mr.Sudhakar Raja R5, A 2, Imayam Colony, 2nd Street, Anna Nagar, Western Extension, Chennai-6000101.

Appellant(s) Vs

1. Mr.S.V.S.Kannan Trading as Madhav Associates Previously at Bakthavachalam Street, West Mambalam,Chennai600033 Presently at, 4/1,Velu Street,West Mambalam, Chennai600033.

Respondent(s) Arb O.P(COM.DIV.) No. 434 of 2025 PRAYER i.To Appoint Mr. Prasanna Venkatesh or any other person as it deems fit as the Sole Arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996, as amended, to resolve the disputes and differences arising between the parties under or in connection with the Loan Agreement dated 13/02/2021

For Appellant(s):

Ms.Mahima Makhisa, for Mr.S Eshwar For Respondent(s):

ORDER

This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [hereinafter called as the "Act"] for appointment of an Arbitrator.

2.

When the matter came up for hearing on 28.07.2025, this Court passed the following order:- This petition has been filed under Section 11 of the Arbitration and Conciliation Act seeking for the appointment of an Arbitrator by this Court.

2.There seems to be a dispute between the petitioner and the respondent arising out of the Loan Agreement dated 13.02.2021. There exists an arbitration clause in the aforementioned Agreement. The same is extracted hereunder:

'8.Any dispute, claim or controversy arising out of or relating to this Agreement, shall be determined by arbitration in India, before a sole arbitrator appointed by Shriram Foundations Private Ltd. Arbitration shall be conducted in accordance with the Arbitration and

Conciliation Act, 1996. The seat of such arbitration shall be Chennai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute. 3.The petitioner has invoked arbitration in accordance with the arbitration clause by issuing notice to the respondent on 19.05.2025 to comply with the requirements of Section 21 of the Arbitration and Conciliation Act. No reply has been sent by the respondent for the same.

4.Since there exists an arbitration clause in the agreement, which is the subject matter of the dispute between the parties and since there is no consensus between the parties with regard to the name of the Arbitrator and since the petitioner has complied with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996, this Court is issuing notice to the respondent returnable by 20.08.2025. Private notice is also permitted. 3.

A notice has been served on the respondent and the name of the respondent has 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 28.07.2025, Mr.C.PRasanna Venkatesh, Advocate, at 'Venkata Vijayam, Flat A Ground Floor, Plot No.2937, AL Block No.214, (New No.23) 14th main Road, Shanthi Colony, Anna Nagar, Chennai 600 040, Tamil Nadu, Mobile No.9841026310 email id cpv@prasannalawfirm.com 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.Mr.S.V.S.Kannan Trading as Madhav Associates Previously at Bakthavachalam Street, West Mambalam,Chennai600033 Presently at, 4/1,Velu Street,West Mambalam, Chennai600033.

N.ANAND VENKATESH J.

rka Arb O.P(COM.DIV.) No. 434 of 2025 13-10-2025