2026 Supreme(Online)(Mad) 3379
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
M/s.Five Star Business Finance Limited – Appellant
Versus
Roshan Banu – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-01-2026 CORAM THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH Arb O.P(COM.DIV.) No. 677 of 2025 M/s.Five Star Business Finance Limited Regd. Office at New No.27 (Old No.4) Taylors Road Kilpauk, Chennai - 600 010 Rep. by its Authorized Singnatory Madhusandan Someswaran Petitioner(s)
Vs
1.Roshan Banu 2.Chand Pasha
3.Hussain Basha
4.Sharu Pasha Respondent(s)
PRAYER To appoint a Sole Arbitrator to adjudicate the differences and disputes between the petitioner and the respondents under the Loan Agreement dated 03.05.2024 Bearing Reference Number FSKALALONS000005552431.
For Petitioner(s): Mr.P.Suresh
ORDER
This petition has been filed under Section 11(5)&(6) 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 03.05.2024.
2.When the matter came up for hearing on 04.11.2025, this Court passed the following order:
“This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the Act] to appoint an arbitrator to resolve the dispute arising out of the Loan agreement dated 03.05.2024.
2. The agreement provides for referring the dispute for Arbitration under clause 10 and the same is extracted hereunder:-
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, shat be referred to the Arbitration by a Sole Arbitrator to be appointed by any one 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 B Wing, Raheja Towers, Nos.
113-134, Anna Salai, Chennal-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 arbi