M/S.Kandan Mutual Benefit Saswatha Nidhi Ltd., v. A. Prasad

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU M/s.Kandan Mutual Benefit Saswatha Nidhi Ltd., Represented by its Director-cum-Chief Executive, Mr.D.L.Thulasiram, Regd. Office No.7, Menod Street, Purasawalkam, Chennai - 600 007.

..Petitioner Vs

1. A.Prasad

2. Sureshbabu

3. A.Solomon ..Respondents PRAYER : Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 r/w. Clause 2 of the appointment of Arbitrator's Scheme by the Chief Justice of Madras High Court's Scheme, 1996 to appoint a Sole Arbitrator to enter reference and adjudicate the claims and disputes between the petitioner and the respondents arising out of the mortgage deed dated 28.01.2020.

For Petitioner :

Mr.M.Arun Nesan For Respondents :

No appearance

O R D E R

This Arbitration Original Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator to adjudicate the claims and resolve the disputes between the petitioner and the respondents in accordance with the terms of the Mortgage Deed dated 28.01.2020.

2. Heard Mr.M.Arun Nesan, learned counsel for the petitioner.

3. Inspite of notice having been served upon the respondents, they have not chosen to appear either in person or through counsel. Their names were printed in the cause list. They were called absent and are set ex-parte.

4. A notice under Section 21 of the Arbitration and Conciliation Act, 1996 has been issued by the petitioner on 17.04.2025. Inspite of the same, the respondents have not chosen to respond. From a reading of the Mortgage Deed dated 28.01.2020 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.

5.

In view of the Mortgage Deed and considering the nature of claim, this Court deems it appropriate to appoint an Arbitrator. Accordingly, Ms.M.Shirijha, Advocate, (Mobile No.99401 95896) having office at No.2/669A, Riverview Enclave I Main Road, Manapakkam, Chennai - 600 125, 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.

7. Accordingly, this Arbitration Original Petition is ordered. No costs. 03-06-2026 Index: Yes/No Speaking/Non-speaking order vji To

1. The Madras High Court Arbitration Centre, Madras.

2. Ms.M.Shirijha, Advocate, (Mobile No.99401 95896) No.2/669A, Riverview Enclave I Main Road, Manapakkam, Chennai - 600 125.

K.KUMARESH BABU, J.

vji 03-06-2026