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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Kumaresh Babu, J
Five Star Business Finance Limited – Appellant
Versus
Srinivas K.K – Respondent
| Table of Content |
|---|
| 1. establishing the court's jurisdiction to appoint an arbitrator where the counterparty is ex-parte. (Para 1 , 2 , 3 , 4) |
| 2. exercise of court authority to appoint a sole arbitrator and direct the determination of fees. (Para 5 , 6) |
O R D E R
This Arbitration Original Petition has been filed under Section 11(5) &
(6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator to adjudicate the differences and resolve the disputes between the petitioner and the respondents in accordance with the terms of the Loan Agreement dated
26.11.2019.
2. Heard Mr.P.Suresh, learned counsel for the petitioner.
3. Inspite of notice having been served upon the respondents, they have not chosen to appear either in person or through counsel. Their names were printed in the cause list. They were called absent and are set ex-parte.
4. A notice under Section 21 of the Arbitration and Conciliation Act, 1996 has been issued by the petitioner on 27.05.2025. Inspite of the same, the respondents have not chosen to respond. From a reading of the Loan Agreement dated 26.11.2019 entered to between the petitioner and the respondents, it could be seen that the parties have agreed to reso
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