M/S. Five Star Business Finance Limited, v. Mrs.D. Yashodamma,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2025
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH M/s.Five Star Business Finance Limited Regd Office at :
New No.27 (Old No.4) Taylors Road Kilpauk, Chennai - 600 010.
Represented by its Authorised Signatory .... Petitioner Vs 1.D.Yashodamma W/o.Devaraja Kadehalli, Kaval, Gonchiaram Tumkur District Karnataka - 572 221.
2.Devaraju S/o.Gurunanjaidh Kadehalli, Kaval, Gonchiaram Tumkur District Karnataka - 572 221.
.... Respondents Prayer : Application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint a sole Arbitrator to adjudicate the differences and disputes between the petitioner and the respondents under the Loan Agreement dated 26.04.2019 bearing Reference No.FSKALALONS000005087448 and pass orders.
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For Petitioner : Mr.P.Suresh For Respondents : 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 respondents.
2. When the matter came up for hearing on 10.09.2025, this Court passed the following order:
"The parties are governed by a loan agreement dated 24.08.2022, which provides for referring the disputes to the Arbitrator in Article 10 of the agreement. The trigger notice dated 27.05.2025 under Section 21 of the Arbitration and Conciliation Act, 1996 was issued to the respondents.
2. Notice to the respondents returnable by 13.10.2025. Private notice is also permitted.
Post on 13.10.2025"
3. Pursuant to the above order, notice was served on the respondents and 2/5
affidavit of service has been filed. There is no appearance for the respondents either in person or through counsel.
4. Heard Mr.P.Suresh, 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, and it contains an arbitration clause, this Court is inclined to appoint an arbitrator.
6. In view of the above, Ms.R.Meenal, Advocate, having Chambers at No.51, Law Chambers, High Court Buildings, Chennai-600104. Ph.No.9840353442, Email ID: meenalraghuvamsam @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 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. 3/5
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