Five Star Business Fianance Limited v. Kempavva Satyangol
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-01-2026
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 Rep. by its Authorized Singnatory Madhusandan Someswaran Petitioner(s) Vs 1.Kempavva Satyangol 2.Nilappa Satyangol 3.Fakirappa Satyangol 4.Ningavva Satyangol Respondent(s) PRAYER To appoint a Sole Arbitrator to adjudicate the differences and disputes between the petitioner and the respondents under the Loan Agreement dated 23.01.2023 Bearing Reference Number FSKALALONS000005372296.
For Petitioner(s):
Mr.P.Suresh
ORDER
This petition has been filed under Section 11(5)&(6) of the Arbitration and Conciliation Act, 1996 (for brevity 'the Act') for appointment of a sole Arbitrator to 1/4
adjudicate upon the differences/disputes between the petitioner and the respondents under the loan agreement dated 23.01.2023.
2.When the matter 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 10 of the arbitration loan agreement dated 23.01.2023.
2. The trigger notice under Section 21 of the Arbitration and Conciliation Act has been issued on 09.06.2025.
3. Notice to the respondents returnable by 17.12.2025. Private notice is also permitted.
4. Post this case for hearing on 17.12.2025." 3.It is seen that the notice sent to the respondents were returned with an endorsement 'refused'. Hence, there is deemed service of notice on the respondents. The name of the respondents have also been printed in the cause list and there is no appearance either in person or through counsel. 4.Heard the learned counsel for the petitioner and carefully perused the materials available on record.
5.It is seen that there is a valid agreement between the parties in line with Section 7 of the Act and it contains an arbitration clause. In view of the same, this Court is 2/4
inclined to appoint an arbitrator and accordingly, Mr.B.Vijay, Advocate, having office at 2nd Floor, Canara Bank Building, Angappa Naicken Street, Chennai-600 001 (Mobile No.98404 45527), is appointed as the sole Arbitrator and the sole Arbitrator is requested to adjudicate the arbitral disputes that had arisen between the parties and render an arbitral award by holding sittings in the Madras High Court Arbitration Centre under the aegis of this Court as per Madras High Court Arbitration Proceedings Rules, 2017 and fee of the 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.
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N. ANAND VENKATESH, J.
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