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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhose, J
M/s.Mercedes-Benz Financial Services India Pvt. Ltd. – Appellant
Versus
Zadok Enterprises Rep. by its Proprietor Pamila Grace Jebaseeli J – Respondent
| Table of Content |
|---|
| 1. service of notice confirmed. (Para 1 , 2) |
| 2. existence of arbitration clause necessitates appointment of arbitrator. (Para 4) |
| 3. court's obligation to appoint an arbitrator when one party is unrepresented. (Para 5) |
| 4. decision to allow the arbitration petition. (Para 6) |
ORDER
The notices sent to the respondents have been duly served. The acknowledgement cards along with the affidavit of service have been filed by the learned counsel for the petitioner. Despite serving notice on the respondents and printing the names of the respondents in the cause- list today, the respondents remain unrepresented. Hence, the respondents are set exparte.
2. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking for appointment of an arbitrator. 3. There seems to be dispute between the petitioner and the respondents arising out of the Loan Agreement and Unattested Deed of Hypothecation bearing Contract No.10151205, dated 27.08.2022. There exists an arbitration clause in the Loan Agreement and Unattested Deed of Hypothecation bearing Contract No.10151205, dated 27.08.2022 and the same is extracted hereunder :-
“66. Dispute Resolution : All cla
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