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2026 Supreme(Online)(Ker) 13320

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
THAKKOLKARAN HIRE PURCHASING ENTERPRISES – Appellant
Versus
SONY BIJU – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.JITHIN VARGHESE, SMT.STENEY K.A.

JUDGMENT

Petitioner is a licensed money lender. 1st respondent obtained a loan of Rs.70,000/- (Rupees Seventy Thousand only) from the petitioner for purchasing a Royal Enfield motor cycle. The amount was agreed to be re-paid with interest in 18 equal monthly installments. The 2nd respondent was the guarantor. On 18.01.2022, a vehicle loan agreement was executed. A copy of the same has been produced as Annexure A2. Clause 16 of Annexure A2 provides that any disputes of differences or claims arising out of the loan agreement shall be settled by arbitration.

2. The respondents defaulted re-payment.

Therefore, invoking the arbitration clause Annexure A3 notice dated 14.08.2024 was issued. The same was received by the respondents. However, there was no response from their side.

3. Though a lawyer was named as the Arbitrator in the arbitration clause in Annexure A2, unilateral appointment is not permissible. Hence this arbitration request has been filed.

4. Notice was issued and it was duly served on the respondents. However they have not chosen to appear before this Court. No objection has been therefore raised against allowing this arbitration request.

5. I am satisfied that disputes have a

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