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Kerala High Court
T. Prabhu vs Manappuram Finance Ltd on 23 February, 2026
2026:KER:16134
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
MONDAY, THE 23RD DAY OF FEBRUARY 2026/4TH PHALGUNA, 1947
AR NO.293 OF 2025
PETITIONER:
T. PRABHU
AGED 41 YEARS
ADVOCATE, S/O K. THIRUNAVUKKARASU, RESIDING AT
NEW NO.3, NAIDU STREET, KOTTUR, CHENNAI,
PIN - 600085
BY ADV SRI.M.S.AMAL DHARSAN
RESPONDENTS:
MANAPPURAM FINANCE LTD
METTUPALAYAM CHENNAI, PIN - 600001
BY ADVS.
SRI.B.S.SURESH KUMAR
SRI.ASHLEY JOHN
SMT.RANJANA V.
SMT.ANUSREE C.S.
SHRI.JAISON MATHEW
SRI.NEMISH NIRANJAN ZAVERI
THIS ARBITRATION REQUEST HAVING COME UP FOR
ADMISSION ON 23.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:16134
A.R.No.293 OF 2025 2
ORDER
The applicant is a Lawyer by profession. The respondent,
a non-banking finance company availed services of the
applicant as an Auctioneer in 2014. He continued to provide
services till March 2024 and series of agreements were
executed between the parties. The last agreement executed
on 17.03.2022 is produced as Annexure A1.
2. According to the applicant, an amount of
Rs.91,705/- was remaining to be paid to him by the
respondent. The applicant raised a bill on 22.02.2022. As
there was no response, a letter was sent on 28.03.2023
demanding payment. The said letter also did not invoke any
response. On 18.06.2024, a notice was issued. Copy of the
notice dated 18.06.2024 has been produced as Annexure A4.
3. Invoking the arbitration clause in the agreement,
Annexure A5 notice was issued suggesting a lawyer as the
Arbitrator. However, the respondent did not reply to Annexure
A5. Hence the arbitration request was filed.
2026:KER:16134
4. Respondent entered appearance and filed a counter
affidavit. It is contended in the counter affidavit that the
claims are time barred. According to the respondent, the
applicant has claimed amounts for the period between
01.05.2021 and 31.12.2021. It is pointed out that the
arbitration request was filed only on 14.03.2025 and therefore
the arbitration request is liable to be rejected since the claims
are ex facie time barred.
5. Heard the learned counsel for the applicant and the
learned counsel for the respondent.
6. Learned counsel for the applicant pointed out that
notice as contemplated under Section 21 of the Arbitration
and Conciliation Act 1996 was issued on 18.06.2024 and it
was duly served on the respondent. He submitted that the
arbitral proceedings commenced with the receipt of notice by
the respondent and hence the claims are not time barred.
7. The learned counsel for the respondent disputed
the contentions and submitted that the chronology pointed
out in the counter affidavit would clearly establish that the
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claims are time barred. It is trite law that the contentions
regarding arbitrability and limitation are matters to be decided
by the Arbitrator. Only if the claims are ex facie time barred,
the court exercising jurisdiction under Section 11 of the Act
can reject the arbitration request.
8. In the instant case, it appears that the contention
regarding the limitation is a dispute which can be analysed
only on the basis of evidence and on examination of relevant
materials. Therefore the arbitration request cannot be
rejected holding that the claims are ex facie time barred. In
the facts and circumstances of the instant case, I am of the
view that the said contention can be left to be decided by the
Arbitrator.
9. The learned counsel for the respondent raised a
further contention that no proper request was made by the
applicant invoking the arbitration clause. A perusal of
Annexure A5 shows that the applicant has mentioned the
disputed amount and other details in it. Annexure A5 also
contains the details of the dispute. Therefore I do not find any
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merits in the said contention of the learned counsel for the
respondent.
10. On an overall consideration of the facts and
circumstances of the case, I am of the view that this
arbitration request can be allowed. Hence the following
directions are issued:
1. The Kerala High Court Arbitration Centre
is directed to nominate an Arbitrator
from Panel-V, preferably from Thrissur,
as the sole Arbitrator to resolve the
disputes that have arisen between the
petitioner and the respondents under
Annexure A1 Agreement.
2. The learned Arbitrator may entertain all
issues between the parties in connection
with the said Agreements, including
questions of jurisdiction and limitation, if
any, raised by the parties. All
contentions of the parties are left open
and they are at liberty to raise their
claims and counterclaims, if any, before
the learned Arbitrator, in accordance
with law.
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3. The Registry shall communicate the
substance of this order to the Kerala
High Court Arbitration Centre within ten
days and the Centre shall inform the
learned Arbitrator within a further period
of one week and shall obtain duly signed
Form 3 as required under Rule 20(4) of
the Kerala High Court (Arbitration
Centre) Rules, 2025 and forward the
same to this Court.
4. Upon receipt of the Form 3, the Registry
shall issue a certified copy of this order
with a copy of the Form 3 appended to
the Kerala High Court Arbitration Centre.
The original of the Disclosure Statement
shall be retained by the Kerala High
Court Arbitration Centre.
5. The fees of the learned Arbitrator of the
Kerala High Court Arbitration Centre
shall be governed by Rule 28 of the
Kerala High Court (Arbitration Centre)
Rules, 2025. The manner in which the
fees and costs payable by the parties
shall be governed by Rule 27 of the
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Kerala High Court (Arbitration Centre)
Rules, 2025.
6. If the learned Arbitrator needs the
assistance of an expert, then he is at
liberty to seek such assistance in the
course of the arbitration proceedings.
Sd/-
S.MANU
JUDGE
PV
2026:KER:16134
APPENDIX OF AR NO. 293 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTO COPY OF THE AGREEMENT DATED
17TH DAY OF MARCH 2022 EXECUTED
BETWEEN APPLICANT AND RESPONDENT
Annexure A2 TRUE COPY OF THE AUCTIONEER BILL DATED
22-2-2022 ISSUED BY THE APPLICANT TO
THE RESPONDENT
Annexure A3 TRUE COPY OF THE LETTER DATED 28-03-
2023 ISSUED BY THE APPLICANT TO THE
RESPONDENT
Annexure A4 TRUE COPY OF THE NOTICE DATED 18-06-
2024 ISSUED BY THE PETITIONER TO THE
RESPONDENT
Annexure A5 TRUE COPY OF THE POSTAL RECEIPTS
EVIDENCING ISSUANCE OF NOTICES TO THE
RESPONDENT AND OTHER STAKE HOLDERS
RESPONDENT ANNEXURES
Annexure D1 True copy of the agreement dated
15/03/2021
