Five Star Business Finance Limited Vs Vaseem M D

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Arb O.P(COM.DIV.) No. 439 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13-10-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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Arb O.P(COM.DIV.) No. 439 of 2025

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Five Star Business Finance Limited Rep by its Legal Officer Mr.MadhuSandanSomeswaran, Registered Office at New No.27, Old No.4,Taylors Road,Kilpauk, Chennai-600010.

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Applicant(s)

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Vs

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Vaseem M D No.6-61 Village Polkampet,Nizamabad, Kamareddy,Telangana-503124. 2.Neha Fardhin No.6-61 Village Polkampet, Nizamabad, Kamareddy,telangana-503124. 3.Dudekula Feroja Begum No.6-61 Village Polkampet, Nizamabad, Kamareddy, Telangana-503124.

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Respondent(s)

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Arb O.P(COM.DIV.) No. 439 of 2025

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PRAYER

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To appoint an Arbitrators to decide the disputes and differences between the Petitioner and Respondent in terms of Loan Agreement dated 30.03.2021.

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For Applicant(s): Ms.Vinothini Mathelene for Mr.Paul Vinodh Pandian

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For Respondent(s):

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ORDER

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This petition has been filed under Section 11 of the

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Arbitration and Conciliation Act, 1996 [for brevity hereinafter referred to as the “Act”] for appointment of an Arbitrator.

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When the matter came up for hearing on 29.07.2025, this Court passed the following order:-

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This petition has been filed under Section 11 of the Arbitration and Conciliation Act, seeking for appointment of an arbitrator by this Court.

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2. There seems to be a dispute between the petitioner and the respondents, arising out of the loan agreement dated 30.03.2021. In the said agreement, there exists an arbitration clause, which is extracted hereunder:

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Arb O.P(COM.DIV.) No. 439 of 2025

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3. The petitioner has invoked arbitration in accordance with the arbitration clause by issuing notice to the respondents on 12.02.2025 to comply with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996. No reply has been received for the same. Since the respondents have not agreed for arbitration, the petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking for appointment of an arbitrator by this Court.

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4. Since there exists an arbitration clause in the contract, which is the subject matter of the dispute between the parties and since the petitioner has invoked arbitration in accordance with the arbitration clause by complying with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996 and since there is no

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Arb O.P(COM.DIV.) No. 439 of 2025

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consensus between the parties with regard to the name of the arbitrator, this Court is issuing notice to the respondents, returnable by 21.08.2025. Private notice is also permitted.

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Notices were served on the respondents and the affidavit of service has also been filed before this Court and the names of the respondents have also been printed in the cause-list. There is no appearance either in person or through counsel.

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Taking into consideration the materials placed before this Court and the earlier order passed by this Court on 29.07.2025, Ms.A.Arul Mary, Advocate, at 4B, Santhome High Court, Santhome, Chennai 600 004 (Near Archbishop's house- Santhome), Mobile No.9176588830, is appointed as sole Arbitrator and the Arbitrator is requested to adjudicate the arbitral dispute that were arising between the parties by holding the sittings in any venue in Chennai to the convenience of all concerned and render an award. Fees of the sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017.

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Arb O.P(COM.DIV.) No. 439 of 2025

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