2026 Supreme(Online)(Mad) 1205
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
Five Star Business Finance Limited – Appellant
Versus
Sunnappu Ravi – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-01-2026 CORAM THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH Five Star Business Finance Limited Rep by its Legal officer Mr.Madhusandhan Someswaran Registered Office at New No.27, Old No.4, Taylors Road Kilpauk, Chennai - 600 010 Petitioner(s)
Vs
1. Sunnappu Ravi 2.Sunnappu Peddu
3.Bantu Ganesh Respondent(s)
PRAYER To appoint an Arbitrators to decide the disputes and differences between the Petitioner and Respondent in terms of Loan Agreement dated 26.05.2023.
For Petitioner(s): Mr.P.H.Vinodh Pandian
ORDER
This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for brevity 'the Act') for appointment of a sole Arbitrator to adjudicate upon the differences/disputes between the petitioner and the respondents under the loan agreement dated 26.05.2023, which contains the following arbitration clause:
““ARTICLE 10: ARBITRATION GOVERNING LAW, DISPUTE RESOLUTION AND JURISIDICTION: (Art 10 existing agreement)
1. This Agreement shall be governed by and construed in accordance with the laws of India.
2. Any and all dispute(s), difference(s) and/or claim(s) arising out or touching upon this Agreement or in relating to this Agreement, whether during its subsistence or thereafter, shall be referred to the Arbitration by a Sole Arbitrator to be appointed by any one of the below mentioned 'arbitral institution' in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof from time to time.
a. Council for National and International Commercial Arbitration (CNICA) currently having its office at Unit No.208, 2nd Floor, Beta Wing, Raheja Towers, Nos.113-134, Anna Salai, Chennai - 600002, or b. Southern India Chamber of Commerce and Industry (SICCI), currently having its office at Indian Chamber Buildings, P.B.No.1208, Esplanade, Chennai-600108, or c. Kovise Foundation Conflict Resolution International (KRCRI), currently having its Office at G-2, Plot No.108, Majestic Colony, Valasarawakkam, Chennai 600087, or d. Any arbitral institution designated under the provisions of the Arbitration and Conciliation Act, 1996 (the act) or any panel of arbitrators maintained under the provisions of the act.
The entire arbitral proceedings shall be conducted by the Arbitrator in the manner he/she considers appropriate, and the award rendered by the Arbitrator shall be final and binding on all the parties to this agreement. The arbitral Institution shall provide administrative assistance to the Arbitrator to facilitate the conduct of the arbitral proceedings, if he/she chooses to avail such assistance from the institution.
3. The Arbitrator shall be entitled to, at his/her discretion conduct the proceeding in-person and/or through exchange of mail, email and/or any other mode of electronic communication including video conferencing (VC), online, virtual hearing etc., using an external application or platform, if necessary. The parties to the arbitration proceeding shall be bound by the decision of the arbitrator in this regard.
4. The parties hereby consent to have the arbitral proceeding conducted by a written pleading, documents, written submissions and/or any other electronic mode of communication-based arbitration as may be determined by the arbitrator.
5. The parties herein agree not to insist on in-person and/or oral hearing except in certain exceptional circumstances as the Arbitrator may deem fit.
6. The parties herein agree that the venue and seat of the arbitration proceeding shall be usually at Chennai or in exceptional circumstances any other place as deemed fit by the Arbitrator.
7. The language of arbitral proceedings shall be English.
8. The parties herein agree that in the event of death of the Arbitrator to whom the matter has been originally referred or the Arbitrator being unable or unwilling to act as arbitrator for any reason whatsoever, the arbitral institution shall substitute another person as it may deem fit to ac