M/S. Shrinithi Capital Private Ltd v. Karthigairajapandian S/O.Koori,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2025
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH 1.M/s.Shrinithi Capital Private Ltd., Represented by its Chief Manager Mr.R.Selvam At 2nd Floor, 2A, Mookambika Complex No.4, Lady Desika Road, Mylapore Chennai - 600 004.
2.M/s.Shriram Finance Limited Represented by its Assistant Credit Manager Mr.M.Sakthivel Sri Towers, Plot No.14A South Phase Industrial Estate Guindy, Chennai - 600 032.
.... Petitioners Vs 1.Karthigairajapandian S/o.Koori No.3/132, Vaduganthapuram Paramakudi, Kulandapuri Vinayagar Temple, Kamauthi Ramanathapuram - 623 608.
2.Dinesh Gopal S/o.Lakshmanan No.3/13, Edaiyathur, Mosakkudi Near Vinayagar Temple Paramakudi Ramanathapuram - 623 608.
.... Respondents 1/5
Prayer : Application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to (a) appoint a Sole Arbitrator to adjudicate the disputes between the petitioner and the respondent arising out of the Loan Hypothecation Agreement dated 08.11.2023 and to pass orders For Petitioner : Mr.K.Sendur Pandi For Respondent : No Appearance
ORDER
This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [for brevity hereinafter referred to as the "Act"] for appointment of an Arbitrator to adjudicate the disputes between the petitioner and the respondent.
2. When the matter came up for hearing on 12.09.2025, this Court passed the following order:
"This petition has been filed for appointment of Arbitrator to adjudicate the dispute between the parties, which arises out of a loan cum hypothecation agreement dated 18.10.2022, which provides for referring the disputes to the Arbitrator in Article 11 of the agreement. The trigger notice dated 18.09.2024 under Section 21 of the Arbitration and Conciliation Act, 1996 was issued to the respondents. 2/5
2. Notice to the respondents returnable by 14.10.2025. Private notice is also permitted.
Post on 14.10.2025."
3. Pursuant to the above order, notice was served on the respondents and affidavit of service has been filed. There is no appearance for the respondents either in person or through counsel.
4. Heard Mr.K.Sendur Pandi, learned counsel appearing for the petitioner and also perused the materials available on record.
5. Considering the fact that there is a valid agreement between the parties in line with Section 7 of the Act, which contains an arbitration clause, this Court is inclined to appoint an arbitrator.
6. In view of the above, Ms.Kavitha Rameshwar, Advocate, having office at Third Floor, Canara Bank Building, 257, Angappa Naicken Street, Chennai - 600001, Email ID: rklegal2005@gmail.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 3/5
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.
7. This Arb. OP is disposed of in the above terms. There shall be no order as to costs.
27-10-2025 ds 4/5
N. ANAND VENKATESH., J ds 27.10.2025 5/5