Five Star Business Finance Limited v. Bhumpalli Pochaiah
Arbitration and Conciliation Act, 1996 – Section 11(5) – appointment of sole arbitrator
Case brief
What is this about?
Section 11(5) Arbitration and Conciliation Act 1996 appointment of sole arbitrator; respondents set ex-parte despite service of notice and printing of names in cause list; arbitration clause in Loan Agreement and Memorandum of Deposit of Title Deeds both dated 29.11.2019; Section 21 invocation notice dated 04.12.2024; Mr.P. Willson Topaz appointed sole Arbitrator (No.86, Law Chambers, Madras High Court Building, Chennai - 600 104); arbitrator remuneration per 4th Schedule of the Act; fees shared equally by parties; arbitration to be completed within statutory time limit; Arb. O.P. (Com. Div.) No.137 of 2025; High Court of Judicature at Madras; Abdul Quddhose J.; Five Star Business Finance Ltd. v. Bhumpalli Pochaiah and others; Vinodhini Mathelene for P.H. Vinodh Pandian.
What did the court decide?
Appointment of Mr.P. Willson Topaz as sole Arbitrator to adjudicate the dispute between the parties arising out of the Loan Agreement and the Memorandum of Deposit of Title Deeds, both dated 29.11.2019; arbitrator's fees payable per the 4th Schedule of the Arbitration and Conciliation Act, 1996 and to be shared equally by both parties; arbitration to be conducted per the Act and completed within the prescribed time.