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Five Star Business Finance Limited v. Manvendra Singh

Arbitration and Conciliation Act, 1996 – Section 11 – appointment of sole arbitrator

Madras HC8 Dec 2025Arb O.P(COM.DIV.)/580/2025

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Case brief

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What is this about?

Five Star Business Finance Limited v. Manvendra Singh and Kranti Patel, Arbitration Original Petition (Com.Div.) No.580 of 2025, Madras High Court, decided 08.12.2025 by Justice N.Anand Venkatesh. Section 11 petition for appointment of arbitrator under Loan Agreement dated 28.06.2022; respondents ex parte after paper publication; valid arbitration agreement under Section 7 found; sole arbitrator (Mr.Naveen Kumar Murthi) appointed; proceedings at MHCAC; petition disposed of.

What did the court decide?

Petition under Section 11 disposed of by appointing Mr.Naveen Kumar Murthi, Advocate, as Sole Arbitrator and referring the disputes between the parties to him, with sittings at the Madras High Court Arbitration Centre (MHCAC). ¶39

Five Star Business Finance Limited Vs Manvendra Singh — Arbitration | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a valid arbitration agreement exists between the petitioner and the respondents in terms of the Loan Agreement dated 28.06.2022, warranting appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

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Court's answer

There is a valid agreement between the parties in line with Section 7 of the Act, and the agreement provides for an arbitration clause in Article 10 of the Loan Agreement.

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Ratio / Principle

The Court is inclined to proceed further, appoint a Sole Arbitrator and refer the dispute between the petitioner and the respondents to the Sole Arbitrator, to be dealt with on its own merits and in accordance with law.

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Key takeaways

The Court appoints Mr.Naveen Kumar Murthi, Advocate, as the sole Arbitrator, to adjudicate the arbitral disputes and render an award, holding sittings in the Madras High Court Arbitration Centre (MHCAC) under the aegis of the Court as per the Madras High Court Arbitration Proceedings Rules 2017, with fees in accordance with the MHCAC (Administrative Cost and Arbitrator's Fees) Rules 2017.ratio¶35

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — Section 11 — appointment of sole arbitrator — Loan Agreement dated 28.06.2022 containing arbitration clause in Article 10 — respondents served by paper publication after notice returned unserved; no appearance — Court found a valid agreement in line with Section 7 of the Act — Mr.Naveen Kumar Murthi, Advocate, appointed sole Arbitrator — sittings at Madras High Court Arbitration Centre (MHCAC) per Madras High Court Arbitration Proceedings Rules 2017; fees per MHCAC (Administrative Cost and Arbitrator's Fees) Rules 2017 — petition disposed of.

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Arbitration Original Petition (Com.Div.) No.580 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.12.2025

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Arbitration Original Petition (Com.Div.) No.580 of 2025

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FIVE STAR BUSINESS FINANCE LIMITED represented by its Legal Officer Mr.Madhu Sandan Someswaran Registered Office at New No.27, Old No.4, Taylor's Road, Kilpauk, Chennai - 600 010.

.... Petitioner

Vs.

1.Manvendra Singh

2.Kranti Patel .... Respondents

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Arbitration Original Petition (Com.Div.) filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint an Arbitrator to decide the disputes and difference between the petitioner and respondents in terms of Loan Agreement dated 28.06.2022.

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For Petitioner : Mr.S.Nataraj for Mr.P.H.Vinodh Pandian

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For Respondents : No appearance

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*****

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

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Arbitration Original Petition (Com.Div.) No.580 of 2025

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ORDER

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This petition has been filed under Section 11 of the Arbitration and

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Conciliation Act, 1996 [for brevity 'the Act'] for appointment of an Arbitrator to decide the dispute and differences between the petitioner and the respondents in terms of the Loan Agreement dated 28.06.2022.

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When the matter came up for hearing on 27.10.2025, this Court

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passed the following order:

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“Learned counsel for the petitioner submitted that the private notice sent to the respondents have been returned unserved. Affidavit of service has also been filed.

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In view of the above, there shall be a direction to the learned counsel for the petitioner to effect notice to the respondents through paper publication in a widely published newspaper at Uttar Pradesh. The paper publication shall be effected on or before 07.11.2025 and notice shall be returnable by 17.11.2025.

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Post on 17.11.2025.”

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Notice sent to the respondents was returned unserved and hence,

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this Court, by order dated 27.10.2025, directed learned counsel for petitioner to effect service on respondents through paper publication. Accordingly, paper publication has been effected and affidavit of service has been filed and the names of respondents have also been printed in the cause list. There is no appearance either in person or through counsel. 2/4

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

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Arbitration Original Petition (Com.Div.) No.580 of 2025

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This Court finds that there is a valid agreement between the parties in line

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with Section 7 of the Act. The agreement also provides for arbitration clause in Article 10 of the Loan Agreement.

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In view of the above, this Court is inclined to proceed further and appoint Sole Arbitrator and refer the dispute between the petitioner and the respondent to the Sole Arbitrator, which will be dealt with on its own merits and in accordance with law.

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In the light of the above discussion, this Court appoints Mr.Naveen Kumar Murthi, Advocate, S2, 2^nd Floor, Singapore Plaza, No.164/337, Linghi Chetty Street, Chennai – 600 001. [Mobile No.98847 40424], as the sole Arbitrator and the sole Arbitrator is requested to adjudicate the arbitral disputes that had arisen between the parties and render arbitral award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of 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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https://www.mhc.tn.gov.in/judis

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Arbitration Original Petition (Com.Div.) No.580 of 2025 N.ANAND VENKATESH, J.

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Accordingly, this petition is disposed of.

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08.12.2025

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