Madras High Court
Tata Capital Ltd vs Vardhman Metal Industries on 24 June, 2025
Author: Abdul Quddhose
Bench: Abdul Quddhose
Arb. O.P. (Com. Div.) No.165 of 2025
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2025
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
Arb. O.P. (Com. Div.) No.165 of 2025
TATA CAPITAL LTD
By its Legal Manager
D.Kalaiarasan
Having its office at
1st Floor, Centennial Square,
6A - Dr Ambedkar Salai, Kodambakkam,
Chennai 600 024. ... Petitioner
Versus
1. VARDHMAN METAL INDUSTRIES
Rep by its Proprietor
Mr. Manoj Kumar
Ground Floor 13
New Timeryard Layout
RK Public School
Byatarayanapura new EXTN
Bangalore 560 085.
Also at
B2 703 Brahmagiri BDA Apartments
Malagala
Nagarabhavi 2nd Stage
Bangalore 560 072.
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Arb. O.P. (Com. Div.) No.165 of 2025
2. Mr.Manoj Kumar
B2 703 Brahmagiri BDA Apartments
Malagala, Nagarabhavi 2nd Stage
Bangalore 560 072. ... Respondents
Prayer : Arbitration Original Petition (Commercial Division) has been
filed under Section 11(6) of the Arbitration and Conciliation Act, 1996
as amended Act, 2019, to appoint/substitute a Sole Arbitrator to
adjudicate upon the differences and disputes between the parties under
the said agreement, dated 30.08.2024 in respect of contract bearing
No.TCFBL0485000013156686.
For Petitioner : Mr.N.K. Vanan
For Respondents : Set ex-parte
ORDER
The respondents have been served through Substituted Service. The names of the respondents are also printed in the cause list today. However, they have chosen not to enter appearance. Hence, the respondents are set ex-parte by this Court.
2. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking for appointment of an Arbitrator by this Court.
3. There seems to be a dispute between the petitioner and the respondents arising out of the Loan cum Hypothecation Agreement, dated 30.08.2024. The Loan cum Hypothecation Agreement, dated 30.08.2024 contains an arbitration clause and the relevant clause is found in Clause 9 of the same.
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4. The petitioner has invoked arbitration in accordance with the arbitration clause by issuing notice to the respondents on 24.10.2024 to comply with the requirements of Section 21 of the Arbitration and Conciliation Act. No reply has been sent by the respondents to the said notice. Hence, it became necessary for the petitioner to file this petition under Section 11 of the Arbitration and Conciliation Act seeking for appointment of an Arbitrator. Since there exists an arbitration clause and the petitioner has also complied 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 and since the respondents have been set ex-parte by this Court, this Court has to necessarily appoint an Arbitrator as prayed for in this petition.
5. For the foregoing reasons, this Arbitration Original Petition is allowed as prayed for by issuing the following directions :-
a) This Court appoints Mr.Abraham Vishal Jacob, Advocate, who is having office at 2nd Floor, A Block, Bannari Amman Towers, No.29, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004, (Mobile No.9884631228) as the sole Arbitrator to adjudicate the dispute between the parties arising out of the Loan cum Hypothecation Agreement, dated 30.08.2024.3/5
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(b) The Arbitrator shall be paid his remuneration / fees in accordance with the 4th schedule of the Arbitration and Conciliation Act, 1996.
(c) Both the parties shall equally share the arbitrator's fees.
(d) The Arbitrator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act.
24.06.2025 Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2 4/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/06/2025 08:08:28 pm ) Arb. O.P. (Com. Div.) No.165 of 2025 ABDUL QUDDHOSE, J.
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