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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Kumaresh Babu, J
TVS Credit Services Limited – Appellant
Versus
MFC And Sons – Respondent
| Table of Content |
|---|
| 1. initiation of section 11 petition and establishing service on respondents. (Para 1 , 2 , 3) |
| 2. court discretion to appoint an arbitrator in the absence of opposing party. (Para 4 , 5 , 6) |
O R D E R
This Arbitration Original Petition has been filed under Section 11(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 Invoice based Financing Facility Agreement dated 26.09.2022.
2. Heard Mr.M.Arunachalam, learned counsel for the petitioner.
3. Notice has been served on the respondents through substituted service by order of this Court dated 16.02.2026. The proof of service by way of paper publication has been filed and the names of the respondents have also been printed in the cause list. However, they have not chosen to appear either in person or through counsel. 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 06.10.2025. Inspite of the same, the respondents have not chosen to respond. From a reading of th
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