M s Mercedes Benz Financial Services India Pvt. Ltd., Vs Suresh Kakalwar

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Arb O.P(COM.DIV.) No. 292 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-07-2025

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CORAM

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THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

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Arb O.P(COM.DIV.) No. 292 of 2025

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M/s.Mercedes Benz Financial Services India Pvt. Ltd., (formerly known as M/s.Daimler Financial Services India Private Limited) 5th Floor, Plot 8, Baashyam Willow Square, 9 & 10, First Street, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600032 Tamil Nadu, India. Represented by its Authorised Signatory

Appellant(s)

Vs

1. Suresh Kakalwar,

No.25, Ashirwad 1st Cross Pattangere Area, Jnanakshi Layout Rajarajeshwari Nagar, Near Falcon Restaurant, Bangalore-560098.

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2.Kakalwar Rohini

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No.25, Ashirwad 1st Cross Pattanagere Area, Jnanakshi Layout Rajarajeshwari Nagar, Near Falcon Restaurant, Bangalore-560098

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Respondent(s)

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1/4

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https://www.mhc.tn.gov.in/judis

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Arb O.P(COM.DIV.) No. 292 of 2025

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PRAYER

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Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint/substitute a Sole Arbitrator to adjudicate upon the differences and disputes between the parties under the Loan Agreement and Unattested Deed of Hypothecation dated 21.10.2022 in respect of Contract No.10152097

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For Appellant(s): Mr.M.Arunachalam For Respondent(s): -

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ORDER

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Learned counsel for the petitioner submits on instructions that the loan agreement in which respondents were defaulters have now been regularised by the respondents. Therefore, he seeks permission of this Court to withdraw this Petition, however, he seeks liberty for the petitioner to file a fresh petition seeking for appointment of an Arbitrator, in case, the respondents commit default in the near future. He has also made an endorsement to that effect in the Court bundle.

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2.Accordingly, this Petition is dismissed as withdrawn, however, liberty as prayed for is granted. No costs.

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09-07-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No sai

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https://www.mhc.tn.gov.in/judis

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Arb O.P(COM.DIV.) No. 292 of 2025