Madras High CourtArb O.P(COM.DIV.)/104/2026ordered

M/S.Cholamandalam Investment And Finance Company Limited., v. Kamalakannan

2026-06-04Honourable Mr.Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU M/s.Cholamandalam Investment and Finance Company Limited., Represented by its Manager - Legal, Mrs.Komal Sharma, Having office at Chola Crest, Super B, C54 and C55, 4, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai - 600 032 ..Petitioner(s) Vs

1. Kamalakannan S/o.Ganesan, No.4/127, Gandhi Nagar Mecheri Post, Nearby Road, Arcot -632 506.

Also residing at S.No.646/115, Mecheri Village Kalavai, Ranipet, Arcot, Vellore, Nearby Road, Arcot - 632 506.

2. Lakshmi W/o.Kamalakannan, No.4/127, Gandhi Nagar Mecheri Post, Nearby Road, Arcot -632 506.

Also residing at S.No.646/115, Mecheri Village Kalavai, Ranipet, Arcot, Vellore, Nearby Road, Arcot - 632 506.

..Respondent(s)

PRAYER:- Arbitration Original Petition has been filed for the following reliefs:- a) To appoint an Arbitrator to adjudicate the disputes between the Petitioner and the Respondents arising out of the Loan Agreement dated 30.06.2020.

b) Direct the Respondents to pay costs.

For Petitioner : Mr.V.Jeevan Ram For Respondents : Ms.S.Rachana

ORDER

This Arbitration Original Petition has been filed under Section 11(6A) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator to adjudicate the dispute between the petitioner and the respondents arising out of the Loan Agreement dated 30.06.2020 and to direct the respondents to pay cost.

2. Heard Mr.V.Jeevan Ram, learned counsel for the petitioner and Ms.S.Rachana, learned counsel appearing for the respondents.

3. Ms.S.Rachana, learned counsel appearing on behalf of the respondents would submit that she had entered appearance on change of Vakalath and would be presenting the Vakalath on behalf of the respondent. She

would further submit that she has no objection for appointment of learned Arbitrator to resolve the disputes between the parties.

4. A notice under Section 21 of the Arbitration and Conciliation Act, 1996 has been issued by the petitioner on 17.09.2024. From a reading of the Loan Agreement dated 30.06.2020 entered to between the petitioner and the respondents, it could be seen that the parties have agreed to resolve the disputes by appointing an Arbitrator.

In view of the Loan Agreement and considering the nature of claim, this Court deems it appropriate to appoint an Arbitrator. Accordingly, Mr.M.Jeeva, Advocate, (Mobile No.98402 85805 having office at No.316, Additional Law Chamber, IInd Floor, High Court, Chennai - 600 104 and residing at A1, Premier Grihalakshmi Apartments, No.6/8, Ramachandra Road, Mylapore, Chennai - 600 004, is appointed as Sole Arbitrator to enter upon the reference and resolve the disputes between the petitioner and the respondents. 6.

The learned Sole Arbitrator is entitled to fix her 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.

Accordingly, this Arbitration Original Petition is ordered. No costs. 04-06-2026 Index: Yes/No Speaking/Non-speaking order GBA To

1. The Madras High Court Arbitration Centre, Madras.

2. Mr.M.Jeeva, Advocate, No.316, Additional Law Chamber, IInd Floor, High Court, Chennai - 600 104

K.KUMARESH BABU, J.

GBA 04-06-2026