IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
Tata Capital Limited – Appellant
Versus
Selvam Motor – Respondent
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
1.M/s.Selvam Motor, 5 Bye Pass Road, Virudhunagar near Taluka Office, Kamaraj 626 001.
Also at 75 11G Inimai Nagar Ramamoorthy Road, Virudhunagar near GH Kamaraj 626 001.
2.S.Natarajan
3.N.Vani … Respondents 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 29.08.2024 in respect of contract bearing No.TCFBL0996000013152385.
For Petitioner : Mr.N.K.Vanan For Respondents : Mr.Rujith *****
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 29.08.2024.
2. When the matter came up for hearing on 02.01.2026, 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 a sole arbitrator to adjudicate the difference and disputes between the petitioner and the respondents under the Loan Agreement dated 29.08.2024 bearing Reference Number TCFBL0996000013152385.
2. The agreement provides for referring the dispute for Arbitration under clause 9 and the same is extracted hereunder:-
ARTICLE 9: ARBITRATION If any dispute, difference or claims 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 the facility documents or anything done or omitted to be done pursuant to the facility documents, the same shall be settled by the arbitration by a sole arbitrator to be appointed by any of the following institutions:
(a) The Council for the National and International commercial Arbitration having its office at Unit No.208, II Floor, Beta Wing Raheja Towers No.113 to 134, Anna Salai, Chennai 600 002.
(b) Center for online Resolution of Disputes having its office at F-14, III Cross Manyata Residency, Manyata Tech Park Bangalore – 560 045.
(c) The Center for Alternative Dispute Resolution Excellence having its office at 107 C Mulberry Woods Janata Colony Carmel Eram Station Road, Doddakanneli, Bengaluru-560035.
(d) ADR E-Sarvatra Private Ltd having its office at 63 Palace Road, Vasanth Hogar, Bengaluru, 560052 (e) Madras Alternate Dispute Resolution Centre (MADRC), having its office at C-40, 24 Floor 2 Avenue, Anna Nagar West, Chennai-600040, (f) Lex Carta Private Limited (Just Act), having its office at T4, 7th Street, Dr V Estate Phase 2, Thiruvanmiyur, Chennai-600041 (g) The Madras Chamber of Commerce & Industry (MCC), having its oflice at "Karumuthu Center", 1" Floor, 634, Anna Salai, Chennai-600035.
(h) Any Arbitral Institution designated under the provisions of the Arbitration or Conciliation Act, 1996, or any panel of Arbitrators maintained under the provisions of the 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 a permitted by the rules of the institution or through an online dispute resolution by the web portal offered by the institution. The Parties hereby agreed that the arbitral proceeding shall be conducted in electronic mode, and all p
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