IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.02.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Tata Capital Limited By its Associate Legal Remedial R.Kamalakkannan Having its Office at

1st Floor, Centennial Square, 6A-Dr.Ambedkar Salai, Kodambakkam, Chennai - 600 024 … Petitioner Vs M.Kandhavadivel … Respondent PRAYER Arbitration Original Petition (Commercial Division) filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, seeking to appoint a Sole Arbitrator to adjudicate upon the differences and disputes between the parties under the said agreement dated 14.11.2024 in respect of contract bearing No.TCFBL0841000013359535.

For Petitioner : Mr.N.K.Vanan *****

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 respondent in terms of the Loan Agreement dated 14.11.2024.

2. When the matter came up for hearing on 05.01.2026, 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 14.11.2024.

2. The agreement provides for referring the dispute for Arbitration under Clause 9 and the same is extracted hereunder:-

“9. ARBITRATION:

If any dispute, difference or claim arises between any of the obligors and the lender in connection with the facility or as to the interpretation, validity, implementation or effect of the facility documents or as to the rights and liabilities of the parties under the facility documents or alleged breach of this facility documents or anything done or omitted to be done pursuant to the facility documents, the same shall be settled by arbitration by a sole arbitrator to be appointed by any of the following institutions:

A) The Council for National and International Commercial Arbitration having its office at Unit No.208, 2nd Floor Beta wing, Raheja Towers, NCS 113-114, Anna Salai, Chennai-600002.

B) Centre for Online Resolution of Disputes having its office at F-14, 3 rd Cross , Manyata Residency, Manyata Tech Park, Bengaluru-560045.

C) The Centre for Alternative Dispute Excellence having its office at 107 C Mulberry Woods, Janata colony, Cameleram station Road, Dodd kanneli, Bengaluru-560035.

D) ADR E-Sarvatra Private Limited having its office at 63, Palace Road, Vasanth Nagar, Bengaluru-560052 E) Madras Alternate Dispute Resolution Centre (MADRC), having its office at C-40, 2nd Floor, 2nd Avenue, Anna Nagar West, Chennai – 600040;

F) Lex Carta Private Limited(Just Act), having its ofice at “Karumuttu Center”, 1st Floor, 634, Anna Salai, Chennai 600

035.

H) Any arbitral institution designated under the provisions of the Arbitration or Conciliation Act, 1996 (“the Act”) or any panel of arbitrators maintained under the provisions of that act.

Hereinafter referred to as (“Institution”) in accordance with the rules of the Institution as prevailing and as amended from time to time.

The arbitration proceedings shall be based on documents only which shall be conducted through exchange of e-mail and/or any other mode of electronic communication as permitted by the rules of the institution or through an online dispute revolution by the web portal offered by the institution. The parties hereby agree that the arbitral proceeding shall be conducted in electronic mode and all pleadings and documents will be exchanged electronically. There shall be no in person and/or oral hearings except in certain exceptional circumstances as the sole arbitrator may deem fit upon the request of either of parties in such instances, the hearings shall be conducted virtually at the sole discretion of the arbitrator. The seat of arbitration for all purposes shall be deemed to be at such place as mentioned in Annexure 1 of the Agreement. The language of