Madras High Court
Five Star Business Finance vs Palliwagi Prasanna on 13 October, 2025
Author: N.Anand Venkatesh
Bench: N. Anand Venkatesh
Arb O.P(COM.DIV.) No. 441 of
2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
Arb O.P(COM.DIV.) No. 441 of 2025
1. Five Star Business Finance
Limited
Rep by its Legal Officer
Mr.MadhuSandanSomeswaran,
Registered Office at New No.27,
Old No.4,Taylors Road,Kilpauk,
Chennai-600010.
Applicant(s)
Vs
1. Palliwagi Prasanna
No.5-11-532/A,Yellamma Gutta,
Nizamabad,
Andhra Pradesh-503003.
2.Palliwagi Jagan
No.5-11-532/a,yellamma Gutta,
Nizamabad,
Andhra Pradesh-503003.
3.Palliwagi Venkatesh
No.5-11-532/a, Yellamma Gutta,
Nizamabad,
Andhra Pradesh-503003.
4.V Sony
No.5-11-532/a, Yellamma Gutta,
Nizamabad,
Andhra Pradesh-503003.
Respondent(s)
https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2025 10:20:47 pm )
Arb O.P(COM.DIV.) No. 441 of
2025
PRAYER
To appoint an Arbitrators to decide the disputes and differences
between the Petitioner and Respondent in terms of Loan Agreement
dated 30.06.2022.
For Applicant(s): Ms.Vinodhini Mathelene
for Mr.P.H.Vinodh Pandian
For
Respondent(s):
ORDER
This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [for brevity hereinafter referred to as the “Act”] for appointment of an Arbitrator.
2. When the matter came up for hearing on 29.07.2025, this Court passed the following order:-
This petition has been filed under Section 11 of the Arbitration and Conciliation Act, seeking for appointment of an arbitrator by this Court.
2. There seems to be a dispute between the petitioner and the respondents, arising out of the loan agreement dated 30.06.2022.
In the said agreement, there exists an arbitration clause, which is extracted hereunder:
https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2025 10:20:47 pm ) Arb O.P(COM.DIV.) No. 441 of 2025
3. The petitioner has invoked arbitration in accordance with the arbitration clause by issuing notice to the respondents on 12.02.2025 to comply with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996. No reply has been received for the same.
4. Since there exists an arbitration clause in the contract, which is the subject matter of the dispute between the parties and since the petitioner has invoked arbitration in accordance with the arbitration clause by complying with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996 and since there is no consensus between the parties with regard to the name of the arbitrator, this Court is issuing notice to the respondents, returnable by 21.08.2025. Private notice is also permitted.
3. Notices were served on the respondents and the affidavit of service has also been filed before this Court. There is no https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2025 10:20:47 pm ) Arb O.P(COM.DIV.) No. 441 of 2025 appearance either in person or through counsel.
4. Taking into consideration the materials placed before this Court and the earlier order passed by this Court on 29.07.2025, Ms.R.Balambigai Gowri, Advocate, at 148, 2nd line beach road, Parrys, Chennai, Mobile No.9840776464 is appointed as sole Arbitrator and the Arbitrator is requested to adjudicate the arbitral dispute that were arising between the parties by holding the sittings in any venue in Chennai to the convenience of all concerned and render an award. Fees of the sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017.
5. This Arb. OP is disposed of in the above terms. There shall be no order as to costs.
13-10-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2025 10:20:47 pm ) Arb O.P(COM.DIV.) No. 441 of 2025 To
1.Palliwagi Prasanna No.5-11-532/A,Yellamma Gutta, Nizamabad,Andhra Pradesh-
503003.
2.Palliwagi Jagan No.5-11-532/a,yellamma Gutta, Nizamabad,andhra Pradesh-
503003.
3.Palliwagi Venkatesh No.5-11-532/a,yellamma Gutta, Nizamabad,andhra Pradesh-
503003.
4.V Sony No.5-11-532/a,yellamma Gutta, Nizamabad,andhra Pradesh-
503003.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2025 10:20:47 pm ) Arb O.P(COM.DIV.) No. 441 of 2025 N.ANAND VENKATESH J.
rka Arb O.P(COM.DIV.) No. 441 of 2025 13-10-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2025 10:20:47 pm )