IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.01.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Arb. O.P.(Com.Div.) No.641 of 2025 M/s.Five Star Business Finance Limited, Represented by its Authorized Signatory Madhusandan Someswaran New No.27, (Old No 4), Taylors Road, Kilpauk, Chennai-600 010.

Appellant(s)

Vs

1.Mr Manjunath Dattappa Gounalli S/o.Dattappa, Ambigar Choudayya Galli Sindagiambigar Choudayya Galli Sindagi, Bijapur, Karnataka 586128.

2.Mrs.Shailaja Manjunath Gounalli, W/o.Manjunath, Ambigar Choudayya Galli Sindagiambigar Choudayya Galli Sindagi, Bijapur, Karnataka 586128.

Respondent(s)

PRAYER: Arbitration Original Petition (Commercial Division) filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996, to appoint a Sole Arbitrator to adjudicate the differences and disputes between the petitioner and the respondents under the Loan Agreement dated 10.10.2023 Bearing Reference Number FSKALALONS000005468108.

For Petitioner(s) : Mr.P.Suresh

ORDER

This petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 [for brevity 'the Act'] for appointment of an arbitrator to adjudicate the differences and disputes between the petitioner and the respondents under the Loan Agreement dated 10.10.2023 Bearing Reference Number FSKALALONS000005468108.

2. When the matter came up for hearing on 16.10.2025, 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 10.10.2023.

2. The agreement provides for referring the dispute for Arbitration under Article 10 and the same is extracted hereunder:-

“ARTICLE 10: ARBITRATION GOVERNING LAW, DISPUTE RESOLUTION AND JURISDICTION : (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 - 600 002, or b. Southern India Chamber of Commerce and Industry (SICCI), currently having its Office at Indian Chamber Buildings, P.B.No.1208, Esplanade, Chennai - 600 108, 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 arbitrators maintained under the provisions of the act. The entire arbital 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