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2026 Supreme(Online)(Ker) 57978

IN THE HIGH COURT OF KERALA AT ERNAKULAM


2026:KER:67219


AR NO. 134 OF 2026


PETITIONER:

M/S.MANAPPURAM FINANCE LIMITED

IV/470A(OLD) W/638A(NEW), MANAPPURAM HOUSE,

VALAPAD, THRISSUR, KERALA-680567

REPRESENTED BY ITS AUTHORISED SIGNATORY MANU T.P,

AGED 32 YEARS, S/O.PRAKASH T., THOPPIL HOUSE,

BHOODAN COLONY P.O., AMBITION POTTY,

MALAPPURAM DISTRICT, PIN 680567.


BY ADV SRI.DIASTUS KOMATH


RESPONDENTS:

1 KRISHNAKUMARI V.

AGED 53 YEARS

KRISHNATHEERTHAM, NEENDOOR MURI, PALLIPAD P.O.,

HARIPAD, PALLIPAD, KARTHIKAPPALLY, ALAPPUZHA,

PIN - 690512

2 RADHAKRISHNAN R.

AGED 55 YEARS

KRISHNATHEERTHAM, NEENDOOR MURI, PALLIPAD P.O.,

HARIPAD, PALLIPAD, KARTHIKAPPALLY,

ALAPPUZHA, PIN - 690512

3 RAHUL KRISHNAN

AGED 32 YEARS

KONDOORETHU VEEDU, NEENDOOR MURI, PALLIPAD P.O.,

HARIPAD, PALLIPAD, KARTHIKAPPALLY, ALAPPUZHA,

PIN - 690512


THE HONOURABLE MR. JUSTICE S.MANU


THURSDAY, THE 3RD DAY OF SEPTEMBER 2026 / 12TH BHADRA, 1948


Sd/- S.MANU


JUDGE


MC/3.9


APPENDIX OF AR NO. 134 OF 2026


PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS DATED 22.05.2023

ANNEXURE A2 THE TRUE COPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF THE PETITIONER TO THE RESPONDENTS DATED 30.05.2025

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 03.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Respondents availed a loan for an amount of Rs.5,67,647/-for the purpose of settlement of some debts from the petitioner Company by executing Annexure A1 agreement on 22.05.2023. It was agreed that the loan amount will be repaid in 84 monthlyinstalments.

According to the petitioner, respondents committeddefault. The 1st respondent is the borrower and respondents 2 and 3 are the guarantors. It is stated by the petitioner that as on30.05.2025 total outstanding amount was Rs.5,49,979/-.

Invoking the arbitration clause in Annexure A1,Annexure A2 notice was issued on 30.05.2025. Since there was noresponse from the respondents, this arbitration request was filed.

On hearing the learned counsel for the petitioner andperusing the pleadings and documents, I am satisfied that disputes have arisen between the parties pertaining to the obligations under Annexure A1 agreement. In the afore circumstances, I find that this arbitration request can be allowed. I therefore issue the followingdirections:

I. The Kerala High Court Arbitration Centre is directed to nominate an arbitrator from Panel IV preferably from Thrissur or any neighbouring Districts, to resolve the disputes that have arisen between the petitioner and the respondents under Annexure A1agreement.

II. The learned Arbitrator may entertain all issues between the parties in connection with the said Agreement, including questions of jurisdiction and limitation, if any, raised by the parties. All contentions of the parties are left open and they are at liberty to raise their claims and counterclaims, if any, before thelearned Arbitrator, in accordance with law.

III. The Registry shall communicate the substance of this order to the Kerala High Court Arbitration Centre within ten days and the Centre shall inform the learned Arbitrator within a further period of one week and shall obtain duly signed Form 3 as required under Rule 20(4) of the Kerala High Court (Arbitration Centre) Rules, 2025 and forwardthe same to this Court.

IV. Upon receipt of the Form 3, the Registry shall issue a certified copy of this order with a copy of the Form 3 appended to the Kerala High Court Arbitration Centre. The original of the Disclosure Statement shall be retained by theKerala High Court Arbitration Centre.

V. The fees of the learned Arbitrator of the Kerala High Court Arbitration Centre shall be governed by Rule 28 of the Kerala High Court (Arbitration Centre) Rules, 2025. The manner in which the fees and costs payable by the parties shall be governed by Rule 27 of the Kerala High Court (Arbitration Centre) Rules,2025.

VI. If the learned Arbitrator needs the assistance of an expert, then he is at liberty to seek such assistance in the course of the arbitrationproceedings.

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