Madras High Court
Tata Capital Limited vs M/S.Selvam Motor on 16 February, 2026
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Arb.O.P.(Com.Div.) No.824 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2026
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Arb.O.P.(Com.Div.) No.824 of 2025
Tata Capital Limited
By its Associate Legal Remedial
R.Kamalakkannan
Having its Office at
1st Floor, Centennial Square,
6A-Dr.Ambedkar Salai,
Kodambakkam,
Chennai - 600 024 … Petitioner
Vs
1.M/s.Selvam Motor,
5 Bye Pass Road,
Virudhunagar near Taluka Office,
Kamaraj 626 001.
Also at 75 11G Inimai Nagar Ramamoorthy Road,
Virudhunagar near GH Kamaraj 626 001.
2.S.Natarajan
3.N.Vani … Respondents
PRAYER
Arbitration Original Petition (Commercial Division) filed under
Section 11 (6) of the Arbitration and Conciliation Act, 1996, seeking to
appoint a Sole Arbitrator to adjudicate upon the differences and disputes
between the parties under the said agreement dated 29.08.2024 in respect
of contract bearing No.TCFBL0996000013152385.
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Arb.O.P.(Com.Div.) No.824 of 2025
For Petitioner : Mr.N.K.Vanan
For Respondents : Mr.Rujith
*****
ORDER
This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [for brevity 'the Act'] for appointment of an Arbitrator to decide the disputes and differences between the petitioner and the respondent in terms of the Loan Agreement dated 29.08.2024.
2. When the matter came up for hearing on 02.01.2026, this Court passed the following order:
“This petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the Act] to appoint a sole arbitrator to adjudicate the difference and disputes between the petitioner and the respondents under the Loan Agreement dated 29.08.2024 bearing Reference Number TCFBL0996000013152385.
2. The agreement provides for referring the dispute for Arbitration under clause 9 and the same is extracted hereunder:-
ARTICLE 9: ARBITRATION If any dispute, difference or claims arises between any of the Obligors 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 the arbitration by a sole arbitrator to be appointed by any of the following institutions:2/6
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(a) The Council for the National and International commercial Arbitration having its office at Unit No.208, II Floor, Beta Wing Raheja Towers No.113 to 134, Anna Salai, Chennai 600 002.
(b) Center for online Resolution of Disputes having its office at F-14, III Cross Manyata Residency, Manyata Tech Park Bangalore – 560 045.
(c) The Center for Alternative Dispute Resolution Excellence having its office at 107 C Mulberry Woods Janata Colony Carmel Eram Station Road, Doddakanneli, Bengaluru-560035.
(d) ADR E-Sarvatra Private Ltd having its office at 63 Palace Road, Vasanth Hogar, Bengaluru, 560052
(e) Madras Alternate Dispute Resolution Centre (MADRC), having its office at C-40, 24 Floor 2 Avenue, Anna Nagar West, Chennai-600040,
(f) Lex Carta Private Limited (Just Act), having its office at T4, 7th Street, Dr V Estate Phase 2, Thiruvanmiyur, Chennai-600041
(g) The Madras Chamber of Commerce & Industry (MCC), having its oflice at "Karumuthu Center", 1" Floor, 634, Anna Salai, Chennai-600035.
(h) Any Arbitral Institution designated under the provisions of the Arbitration or Conciliation Act, 1996, or any panel of Arbitrators maintained under the provisions of the Act.
hereinafter referred to as ("Institution") in accordance with the rules of the institution as prevailing and as amended from time to time.
The Arbitration proceedings shall be based on documents only which shall be conducted through exchange of e-mail and/or any other mode of electronic communication as a permitted by the rules of the institution or through an 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 01:31:24 pm ) Arb.O.P.(Com.Div.) No.824 of 2025 online dispute resolution by the web portal offered by the institution. The Parties hereby agreed that the arbitral proceeding shall be conducted in electronic mode, and all pleadings and document will be exchanged electronically. There shall be no in person and/or oral hearing except in certain exceptional circumstance as the sole arbitrator may deem fit upon the request of the either of the parties. In search instances the hearing shall be conducted virtually at the sole discretion of the arbitrator. The seat of arbitration for all purposes shall be at Chennai. The language of arbitral proceedings shall be English.
In the event, the arbitrator to whom the matter is originally referred, resigns or dies or is unable to acct for any reason, the institution, shall appoint another person in his/her slots arbitrator who shall proceed with the reference from the stage at which it was left by his/her predecessor.
The arbitrator so appointed shall have the power to pass an award and also to pass interim order or directions as may be appropriate to protect the interest of the parties pending resolution of the dispute. A certified copy of the award passed by the arbitrator, a digitally signed copy of the same or a scan copy of the same shall be sent to the parties through e-mail or any other electronic mode including the web portal as the institution deems fit which shall be considered as a signed copy.
All notices processes and communications between the parties with respect to the arbitration proceedings shall be through e-mail or any other mode of communication permitted by the institution not withstanding the notice clause contained in the agreement which shall continue to apply to all other communication between the parties.
It shall be the responsibility of the lender and borrower(s) to maintain sufficient space in the e-mail account and/or in any other mode of electronic accounts and also to have supporting applications/software in their computer/mobile/or any other electronic device to access the electronic documents sent to them. It shall also be the responsibilities of the lender and Obligor(s) to save the e- mails in the address book. The deliver of e-mails to spam, 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 01:31:24 pm ) Arb.O.P.(Com.Div.) No.824 of 2025 promotion, etc., shall also be a deemed delivery.
The courts at Chennai shall have exclusive jurisdiction in respect of matters arising hereunder including any petition for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996/ application for seeking aside the award/appeal and the lender/obligor(s) shall not object jurisdiction. The arbitration shall be conducted under the provisions of the Arbitration and Conciliation Act 1996 together with its amendments, any statutory modifications or re-enactment thereof for the time being in force. The award of the arbitrator shall be final and binding on all parties concerned. The cost of arbitration shall be borne by the Borrower.
3. The trigger notice under Section 21 of the Act was issued on 31.07.2025 and the same has also been received by the respondent. Since there was no response, the present petition has been filed before this Court.
4. Notice to the respondents returnable by 02.02.2026. Private notice is also permitted.
5. Post this case for hearing on 02.02.2026.”
3. Heard learned counsel on either side.
4. This Court finds that the parties are governed by a loan agreement dated 29.08.2024, which provides for referring the disputes to the Arbitrator under Clause 9 of the agreement.
5. In view of the above, this Court appoints Mr.V.Srikanth, Advocate, 266, New Additional Law Chambers, High Court Buildings, Chennai – 600 104, E-mail: [email protected] [Mobile No.98400 5/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 01:31:24 pm ) Arb.O.P.(Com.Div.) No.824 of 2025 N.ANAND VENKATESH, J.
gm 75512] as the sole Arbitrator and the Sole Arbitrator is requested to adjudicate the arbitral disputes that had arisen between the parties and render arbitral award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of Sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017.
Accordingly, this petition is disposed of.
16.02.2026 Index:yes/no Speaking Order/Non-speaking order NCC:yes/no gm Arb.O.P.(Com.Div.) No.824 of 2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 01:31:24 pm )