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Madras High CourtArb O.P(COM.DIV.)/757/2025ordered

Tata Capital Limited, v. M/S.Sudha Marketing

2026-06-25Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU TATA Capital Limited, Represented herein by its Power Agent, Manoj .M, 1st Floor, Centennial Square, 6A, Dr.Amebedkar Salai, Kodambakkam, Chennai - 600 024.

having its registered office at Tower A, 1101 Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai - 400 013.

..Petitioner(s) Vs

1. M/s.Sudha Marketing Represented by its Sole Propreitor, Mr.O.Johnmoses, No.8.86-4, Chennamukkapalli Rajampet Road, Rayachoty, YSR District, Cuddapah, Kadapa, Andhra Predesh - 516 269 Email- sudhamarketing2017@gmail.com

2. Orampathi Sudhamani No.25/124-4 T Sundupalli Road, Bethel Colony Rayachoti, Cuddapah, Andhara Pradesh - 516269.

Email - sudhamarketing2017@gmail.com ..Respondent(s)

PRAYER : Petition filed under Section 11(4) of the Arbitration and Conciliation Act, 1996 to Appoint an Arbitrator to adjudicate the disputes between the Petitioner and the Respondent in terms of the Arbitration Agreement i.e., Loan cum Guarantee Agreement dated 15th April 2024 Master Terms and conditions registered on 17th November 2023 with the Joint SubRegistrar at Mumbai under Registration No.BBE-3/228/2023. b) Direct the Respondent to pay the costs.

For Petitioner(s):

Mr.Gaurav Chatterjee For Respondent(s):

Mr.A.Vikash For Mr.P.Subba Reddy

ORDER

This Arbitration Original Petition has been filed under Section 11(4) of the Arbitration and Conciliation Act, 1996, to appoint a Sole Arbitrator to adjudicate the differences and resolve the disputes between the petitioner and the respondents in accordance with the terms of the Loan Agreement dated 15.04.2024.

2. Heard Mr.Gaurav Chatterjee, learned counsel for the petitioner and Mr.A.Vikash, learned counsel for the respondent.

3. When the matter was taken up for hearing, the respective learned counsels appearing for the parties would submit that they have no objection for appointment of an Arbitrator to enter upon the dispute that had arisen between the parties. Hence, they request this Court to appoint an Arbitrator to resolve the dispute.

4. In view of the consent that has been expressed by the learned counsel appearing on either side, I am inclined to appoint Mr.S.Patrick, Advocate, having address at No.88, Law Chambers, Madras High Court Campus, Chennai - 600 104 (Mobile No.9659637383) as Sole Arbitrator to enter upon the dispute between the petitioner and the respondents.

5.

The learned Sole Arbitrator is entitled to fix his fees as per the Schedule-IV of the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible, however, not later than six(6) months from the date of his entering into reference.

6. Accordingly, this Arbitration Original Petition is ordered. 25-06-2026 Index: Yes/No Speaking/Non-speaking order kak

K.KUMARESH BABU, J.

kak 25-06-2026