IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.02.2026 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 Madhusandan Someswaran .... Petitioner Vs.

1.Mahadevakka Talavar

2.Neelappa Talavar

3.Virupakshi Talavar

4.Sudha Talavar

5.Malatesh Talavar

6.Jyothi Talavar .... Respondents PRAYER Arbitration Original Petition (Commercial Division) filed under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996, seeking to appoint a Sole Arbitrator to adjudicate the differences and disputes between the petitioner and the respondents under the Loan Agreement dated 28.11.2023 bearing Reference No.FSKALALONS000005485261.

For Petitioner : Mr.P.Suresh *****

ORDER

This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [for brevity 'the Act'] for appointment of an Arbitrator to decide the disputes and differences between the petitioner and the respondents in terms of the Loan Agreement dated 28.11.2023.

2. When the matter came up for hearing on 12.12.2025, 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 adjudicate the difference and disputes between the petitioner and the respondents under the Loan Agreement dated 28.11.2023 bearing Reference Number FSKALALONS000005485261.

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 2^nd 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-ba