IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.01.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M/s.Five Star Business Finance Limited Regd. Office at New No.27 (Old No.4)

Taylors Road, Kilpauk, Chennai - 600 010.

Represented by its Authorized Signatory Madhusadhan Someswaran.

Appellant(s)

Vs

1.Shantavva Maruti Kolakar, W/o.Mr.Maruti, H.No.109, Keeri Galli, Kamakarahatti, Belgaum, Karnataka - 590 003.

2.Maruti Rudrappa Kolakar S/o.Rurappa, H.No.109, Keeri Galli, Kamakarahatti, Belgaum, Karnataka - 590 003.

3.Nagaraj Maruti Kolakar S/o.Maruti, H.No.109, Keeri Galli, Kamakarahatti, Belagaum, Karnataka - 590 003.

4.Prasad Maruti Kolakar, S/o.Maruti, H.No.109, Keeri Galli, Kamakarahatti, Belgaum, Karnataka - 590 003.

Respondent(s)

PRAYER: Arbitration Original Petition (Commercial Division) filed under Section 11(5) and (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 28.12.2018 Bearing Reference Number FSKALALONS000005068777.

For Petitioner(s) : Mr.P,Suresh

ORDER

This petition has been filed under Section 11(5) and (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 28.12.2018 bearing Reference Number:

FSKALALONS000005068777.

2. When the matter came up for admission on 24.11.2025, this Court passed the following order:

“This original petition has been filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 seeking for appointment of an Arbitrator to adjudicate the disputes between the petitioner and the respondents in terms of Article 10 of the arbitration loan agreement dated

28.12.2018.

2. The trigger notice under Section 21 of the Arbitration and Conciliation Act has been issued on 27.05.2025.

3. Notice to the respondents returnable by 05.01.2026. Private notice is also permitted.

4. Post the case on 05.01.2026.”

3. Notice was served on the respondent and the affidavit of service was also filed before this Court. The name of the respondent was also printed in the cause list, despite which, there is no representation for the respondent either in person or through counsel.

4. Heard Mr.P.Suresh, learned counsel for the petitioner.

5. It is seen that there is a valid agreement between the parties in line with Section 7 of the Act which contains an arbitration clause and therefore all the other issues can be raised only before the sole arbitrator which will be considered on its own merits and in accordance with law after affording opportunity to both parties.

6. In view of the above discussion, this Court appoints Mr.Mohammed Fayaz Ali, Advocate, 63, Kandigai Road, Korattur North, Chennai-600 078 (Mobile No:90032 37483) as the sole Arbitrator and the sole Arbitrator is requested to adjudicate the arbitral disputes that had arisen between the parties and render arbitral award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of the sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC)

(Administrative Cost and Arbitrator's Fees) Rules 2017.

7. Accordingly, this petition is disposed of. No costs.

20.01.2026 Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mka To:

1.Shantavva Maruti Kolakar, W/o.Mr.Maruti, H.No.109, Keeri Galli, Kamakarahatti, Belgaum, Karnataka - 590 003.

2.Maruti Rudrappa Kolakar S/o.Rurappa, H.No.109, Keeri Galli, Kamakarahatti, Belgaum, Karnataka - 590 003.

3.Nagaraj Maruti Kolakar S/o.Maruti, H.No.109, Keeri Galli, Kamakarahatti, Belagaum, Karnataka - 590 003.

4.Prasad Maruti Kolakar, S/o.Maruti, H.No.109, Keeri Galli, Kamakarahatti, Belgaum, Karnataka - 590 003.

N.ANAND VENKATESH, J.

mka

20.01.2026