Five Star Business Finance Limited v. G Mojes Samuel
Arbitration and Conciliation Act, 1996 – Sections 11/11(5) and Section 21 – Appointment of arbitrator
Case brief
What is this about?
Madras High Court, single judge (Abdul Quddhose, J.), Arb.O.P.(Com.Div.) No. 198 of 2025, order dated 19.08.2025: Section 11 petition allowed and a sole arbitrator (Mr. M.S. Umesh, Advocate) appointed for disputes under a Loan Agreement dated 21.12.2022, after a Section 21 notice dated 04.12.2024 went unanswered and the respondents, served by substituted service (paper publication), were set ex parte; arbitrator's fees per the Fourth Schedule of the Arbitration and Conciliation Act, 1996 or mutual consent, shared equally; venue Chennai per the arbitration clause; no cost. Search terms: appointment of arbitrator, Section 11(5), Section 21 notice, ex parte respondents, substituted service paper publication, loan agreement arbitration clause, sole arbitrator, Fourth Schedule fees.
What did the court decide?
Arbitration Original Petition allowed as prayed for: Mr. M.S. Umesh, Advocate, appointed Sole Arbitrator for the disputes under the Loan Agreement dated 21.12.2022; arbitrator's remuneration/fees payable in accordance with the Fourth Schedule of the Arbitration and Conciliation Act, 1996 or as per mutual consent; both parties to share the arbitrator's fees equally; arbitration to be conducted in accordance with the Act and completed within the specified time prescribed under it; no cost.