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2026 Supreme(Online)(Mad) 35471

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY, J
Tata Capital Limited – Appellant
Versus
MIDDE SNEHA – Respondent


Advocates:
For Petitioner: Mr. P. Suresh

Table of Content
1. petitioner invoked arbitration notice; failed to follow institutional procedure. (Para 1 , 2)
2. parties free to agree on appointment under section 11(2). (Para 3)
3. premature court approach without exhausting contract procedure leads to dismissal. (Para 4)

ORDER

After issuing notice dated 12.11.2025 invoking clause 9 of the agreement for business loan between the parties, the present petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (the A & C Act).

2. The arbitration clause between the parties reads as under:

10.Arbitration If any dispute, difference or claim arises between any of the Borrower 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 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

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