M/S.Cholamandalam Investment and Finance Company Limited v. Rinkesh Khanna

ORDER 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 Loan Agreement dated

27.02.2018 and Supplemental Agreement dated 26.02.2020.

¶2Heard Mr.Pradeep Kumar, learned counsel for the petitioner.

¶3When the matter was taken up for hearing today, Mr.M.Rajavelu, learned counsel appearing for the respondent submits that the only objections that had been raised by the respondents is that the various other proceedings have been initiated by the applicant have also been made at Bilaspur and in that regard the arbitrator if any is appointed could only be appointed to have venue at Bilaspur.

¶4The objections raised by the learned counsel for the respondent stands rejected as the arbitration clause specifically provides for the venue of the arbitrator to be at Chennai. Page3 of 4

¶5From a reading of the Loan Agreement dated 27.02.2018 and Supplemental Agreement dated 26.02.2020 entered to between the petitioner and the respondents, it could be seen that the parties have agreed to resolve the disputes by appointing an Arbitrator. A notice under Section 21 of the Arbitration and Conciliation Act, 1996 was issued by the petitioner on

02.03.2022.

¶6In view of the Loan Agreement and considering the nature of claim, this Court deems it appropriate to appoint an Arbitrator. Accordingly, Accordingly, Mr.K.K.Murralitharan, Advocate, (Mobile No.9884043499, 7550043499 & 044-4358 0365) residing at No.B, 5th Floor, No.257/125, Canara Bank Buildings, Angappa Naicken Street, Chennai-600 001, is appointed as Sole Arbitrator to enter upon the reference and resolve the disputes between the petitioner and the respondent. The respondents are at liberty to appear through video conferencing in the arbitration proceedings.

¶7The learned Sole Arbitrator is entitled to fix her fees as per the Schedule-IV of the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible. Page4 of 4

K.KUMARESH BABU, J. mpa

¶8Accordingly, this Arbitration Original Petition is ordered. No costs. 01-07-2026 Index: Yes/No Speaking/Non-speaking order MPA

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU M/s.Cholamandalam Investment and Finance Company Limited Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032. Represented by its Authority Signatory. ..Petitioner(s) Vs 1. Rinkesh Khanna S/o.Jagdish Chandra Khanna, Ward No.21, Ambikapur road, Nadi Par, Manendragarh, Dist-Koriya, Petrol Pump, Chhttisgarh -497442. 2. Rashmi Khanna Ward No. 21, Near Surbhi Park, Ambikapur Road, Nadi Par,Manendragarh, Dist Koriya, Petrol Pump,Chhattisgarh - 497442 ..Respondent(s) PRAYER : Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator to adjudicate the dispute arising under Loan Agreement No.XVFPMRH0002302912 Dated 27.02.2018 and Supplemental Agreement No. XVFPMRH00003482423 Dated 26.02.2020 between the petitioner and the respondents as per the Loan Agreement No.XVFPMRH00002302912 Dated 27.02.2018 and Supplemental Agreement No.XVFPMRH00003482423 Dated 26.02.2020. For Petitioner(s): Mr.Pradeep Kumar For Respondent(s): Mr.M.Rajavelu, Page2 of 4