Allowed

Suresh Kumar Ramakrishnan Kallada, v. Kotak Mahindra Bank Ltd.

Kerala HC4 Nov 2022AR/25/2022

Case brief

AI extract

What is this about?

Borrowers challenged the bank's unilateral appointment of a sole arbitrator for loan disputes. The court held the appointment irregular and unsustainable and appointed an independent sole arbitrator for all the requests, leaving all contentions open before him.

What did the court decide?

K.M. Balachandran, retired District Judge, appointed sole arbitrator for the disputes under the respective agreements; statutory disclosure directed.

Suresh Kumar Ramakrishnan Kallada, Vs Kotak Mahindra Bank Ltd. — Arbitration | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶5

AR NO. 112 OF 2021

¶6

PETITIONERS

¶7

1 SURESH KUMAR RAMAKRISHNAN KALLADA AGED 52 YEARS

¶8

KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR-680125.

¶9

2 K.S.SINDHU KALLADA HOUSE,HILL ROAD, IRINJALAKUDA NORTH P.O,THRISSUR-680125

¶10

BY ADV V.R.SANJEEV KUMAR

¶11

RESPONDENTS

¶12

1 KOTAK MAHINDRA BANK LIMITED 40-1021 & AMP; 1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER.

¶13

2 KOTAK MAHINDRA BANK LTD. 8TH FLOOR,TVH AGNITIO PARK,141,KANDHANCHAVADI,OMR,CHENNAI-600096 REPRESENTED BY ITS CHIEF MANAGER

¶14

SRI.P.BENNY JOSEPH

¶15

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON
04.11.2022, ALONG WITH AR.7/2022, 28/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

A.R. Nos. 112 of 2021 and connected cases

¶17

¶18

]

¶19

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶20

PRESENT

¶21

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶22

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
AR NO. 7 OF 2022

¶23

PETITIONERS

¶24

1 SURESH KUMAR RAMAKRISHNAN KALLADA PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA

¶25

HOUSE, HILL ROAD,
IRINJALAKUDA NORTH P.O., THRISSUR - 680125.,
PIN - 680125

¶26

2 K.S.SINDHU W/O K.R. SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR – 680125.

¶27

BY ADVS.PRAVEEN.H.

¶28

S.UMA DEVI
V.R.SANJEEV KUMAR

¶29

RESPONDENTS

¶30

1KOTAK MAHINDRA BANK LIMITED
40-1021 &AMP; 1022, GROUND FLOOR, KANDAMKULATHY
TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS
CHIEF MANAGER., PIN - 682035
2M/S KOTAK MAHINDRA BANK LTD.
8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI,
OMR, CHENNAI - 600096 REPRESENTED BY ITS CHIEF
MANAGER.

¶31

3 M/S KOTAK MAHINDRA BANK LTD. 27 BKC, C 27. G BLOCK, BANDRAKURLA COMPLEX, BANDRA (E), MUMBAI - 400051. REPRESENTED BY ITS CHAIRMAN

¶32

SRI.P.BENNY JOSEPH

¶33

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶34

A.R. Nos. 112 of 2021 and connected cases

¶35

¶36

]

¶37

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶38

PRESENT

¶39

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶40

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
AR NO. 12 OF 2022

¶41

PETITIONERS

¶42

1SURESH KUMAR RAMAKRISHNAN KALLADA,
AGED 67 YEARS

¶43

PROPRIETOR M/S. KALLADA TOURS AND TRAVELS,
KALLADA HOUSE, HILL ROAD,
IRINJALAKUDA NORTH P.O., THRISSUR 680 125.

¶44

2K.S. SINDHU,
W/O.K.R. SURESH KUMAR, KALLADA HOUSE, HILL ROAD,
IRINJALAKUDA NORTH P.O., THRISSUR 680 125.

¶45

BY ADVS.PRAVEEN.H.

¶46

S.UMA DEVI
V.R.SANJEEV KUMAR

¶47

RESPONDENTS

¶48

1M/S. KOTAK MAHINDRA BANK LTD.,
40-1021 & AMP; 1022, GROUND FLOOR, KANDAMKULATHY
TOWERS, M.G. ROAD, ERNAKULAM,
REPRESENTED BY ITS CHIEF MANAGER.
2M/S. KOTAK MAHINDRA BANK LTD,
8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI,
OMR CHENNAI 600096 ,
 REPRESENTED BY ITS CHIEF MANAGER.

¶49

3M/S. KOTAK MAHINDRA BANK LTD.,
27 BKC, C 27. G. BLOCK BANDRA KURLA COMPLEX,
BANDRA (E) MUMBAI 400051.
REPRESENTED BY ITS CHAIRMAN.

¶50

BY ADVS.Basil Mathew
P.BINNY JOSEPH(K/420/1993)

¶51

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶52

A.R. Nos. 112 of 2021 and connected cases

¶53

¶54

]

¶55

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶56

PRESENT

¶57

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶58

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶59

AR NO. 13 OF 2022

¶60

PETITIONERS

¶61

1SURESH KUMAR RAMAKRISHNAN KALLADA
AGED 53 YEARS
PROPRIETOR M/S.KALLADA TOURS AND TRAVELS, KALLADA
HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O.,
THRISSUR - 680 125.

¶62

2K.S.SINDHU
W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD,
IRINJALAKUDA NORTH P.O., THRISSUR - 680 125.

¶63

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶64

RESPONDENTS

¶65

1KOTAK MAHINDRA BANK LIMITED
40-1021 & AMP 1022, GROUND FLOOR, KANDAMKULATHY
TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS
CHIEF MANAGER.

¶66

2 KOTAK MAHINDRA BANK LTD. 8TH FLOOR, TVH AGNITIO PARK 141, KANDHANCHAVADI, OMR, CHENNAI - 600 096 REPRESENTED BY ITS CHEF MANAGER.

¶67

`3 KOTAK MAHINDRA BANK LTD. 27 BKC, C27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051, REPRESENTED BY ITS CHAIRMAN.``

¶68

`` SRI.P.BINNY JOSEPH`

¶69

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING

¶70

A.R. Nos. 112 of 2021 and connected cases

¶71

¶72

]

¶73

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶74

PRESENT

¶75

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶76

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶77

AR NO. 20 OF 2022

¶78

PETITIONERS

¶79

1SURESH KUMAR RAMAKRISHNAN KALLADA
PROPRIETOR M/S. KALLADA TOURS AND TRAVELS,
KALLADA HOUSE , HILL ROAD, IRINJALAKUDA NORTH
P.O., THRISSUR 680 125.
2K.S. SINDHU,
W/O.K.R. SURESH KUMAR, KALLADA HOUSE , HILL ROAD,
IRINJALAKUDA NORTH P.O. THRISSUR 680 125.

¶80

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶81

RESPONDENTS

¶82

1M/S. KOTAK MAHINDRA BANK LTD.
40-1021 & AMP. 1022, GROUND FLOOR, KANDAMKULATH
TOWERS, M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS
CHIEF MANGER.
2M/S. KOTAK MAHINDRA BANK LTD,
8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI,
OMR, CHENNAI 600096, REPRESENTED BY ITS CHIEF
MANAGER.
3M/S. KOTAK MAHINDRA BANK LTD.,
27 BKC, C 27, G BLOCK, BANDRA KURLA COMPLEX,
BANDRA (E) MUMBAI 400051,
REPRESENTED BY ITS CHAIRMAN.
BY ADVS.
Basil Mathew
P.BINNY JOSEPH(K/420/1993)

¶83

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON
04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING

¶84

A.R. Nos. 112 of 2021 and connected cases

¶85

¶86

]

¶87

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶88

PRESENT

¶89

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶90

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶91

AR NO. 22 OF 2022

¶92

PETITIONERS

¶93

1. SURESH KUMAR RAMAKRISHNAN KALLADA
 AGED 53 YEARS
 PROPRIETOR M/S KALLADA TOURS AND TRAVELS,
 KALLADA HOUSE, HILL ROAD, IRINAJALAKUDA
 NORTH.P.O, THRISSUR-680125.

¶94

2. K.S. SINDHU,

¶95

 W/O.K.R. SURESH KUMAR, KALLADA HOUSE, HILL
 ROAD, IRINJALAKUDA NORTH P.O. THRISSUR 680 125.

¶96

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶97

RESPONDENTS

¶98

1KOTAK MAHINDRA BANK LIMITED
40-1021 & AMP;1022, GROUND FLOOR, KANDAMKULATHY
TOWERS, M.G.ROAD, ERNAKULAM,

¶99

REPRESENTED BY ITS CHIEF MANAGER.

¶100

2M/S KOTAK MAHINDRA BANK LTD,
8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI,
OMR, CHENNAI-600096.REPRESENTED BY ITS CHIEF
MANAGER.

¶101

3M/S KOTAK MAHINDRA BANK LTD,
27 BKC, C 27.G.BLOCK, BANDRA KURLA COMPLEX,
BANDRA(E), MUMBAI-400051.
REPRESENTED BY ITS CHAIRMAN.
BY ADVS.
Basil Mathew

¶102

P.BINNY JOSEPH(K/420/1993)

¶103

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING

¶104

A.R. Nos. 112 of 2021 and connected cases

¶105

¶106

]

¶107

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶108

PRESENT

¶109

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶110

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶111

AR NO. 23 OF 2022

¶112

PETITIONERS

¶113

1SURESH KUMAR RAMAKRISHNAN KALLADA
PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA
HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O,
THRISSUR-680125.

¶114

2K.S.SINDHU,
W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD,
IRINJALAKUDA NORTH .P.O, THRISSUR-680125.

¶115

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶116

RESPONDENTS

¶117

1KOTAK MAHINDRA BANK LIMITED
40-1021 &AMP;1022, GROUND FLOOR, KANDAMKULATHY
TOWERS, M.G.ROAD, ERNAKULAM,
REPRESENTED BY ITS CHIEF MANAGER.
2M/S KOTAK MAHINDRA BANK LTD,
8TH FLOOR, TVH AGNITIO PARK, 141,KANDHANCHAVADI,
OMR, CHENNAI-600096,
REPRESENTED BY ITS CHIEF MANAGER.

¶118

3M/S KOTAK MAHINDRA BANK LTD,
27 BKC, C 27.G BLOCK, BANDRA KURLA COMPLEX,
BANDRA(E), MUMBAI-400051.
REPRESENTED BY ITS CHAIRMAN.

¶119

BY ADVS.
Basil Mathew
P.BINNY JOSEPH(K/420/1993)

¶120

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING

¶121

A.R. Nos. 112 of 2021 and connected cases

¶122

¶123

]

¶124

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶125

PRESENT

¶126

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶127

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
AR NO. 24 OF 2022

¶128

PETITIONERS

¶129

1SURESH KUMAR RAMAKRISHNAN KALLADA
AGED 67 YEARS
PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA
HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O,
THRISSUR-6800125.

¶130

2 K.S.SINDHU, W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-680125.

¶131

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶132

RESPONDENTS

¶133

1 KOTAK MAHINDRA BANK LIMITED 40-1021 & AMP;1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER.

¶134

2 M/S KOTAK MAHINDRA BANK LTD, 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI-600096, REPRESENTED BY ITS CHIEF MANAGER.

¶135

3 M/S KOTAK MAHIDRA BANK LTD, 27 BKC, C 27. G BLOCK, BANDRA KURLA COMPLEX, BANDRA(E), MUMBAI-400051.REPRESENTED BY ITS CHAIRMAN.

¶136

A.R. Nos. 112 of 2021 and connected cases

¶137

¶138

]

¶139

BY ADVS.
Basil Mathew

¶140

P.BINNY JOSEPH(K/420/1993)

¶141

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶142

A.R. Nos. 112 of 2021 and connected cases

¶143

¶144

]

¶145

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶146

PRESENT

¶147

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶148

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶149

AR NO. 25 OF 2022

¶150

PETITIONERS

¶151

1SURESH KUMAR RAMAKRISHNAN KALLADA,
AGED 67 YEARS
PROPRIETOR, M/S. KALLADA TOURS AND TRAVELS,
KALLADA HOUSE, HILL ROAD,
IRINJALAKUDA NORTH P.O,
THRISSUR-680 125

¶152

2 K.S. SINDHU, W/O. K.R. SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O, THRISSUR 680 125.

¶153

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶154

RESPONDENTS

¶155

1 KOTAK MAHINDRA BANK LTD, 40-1021 & AMP: 1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER.

¶156

2 M/S. KOTAK MAHINDRA BANK LTD., 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI 600 096, REPRESENTED BY ITS CHIEF MANAGER.

¶157

3 M/S. KOTAK MAHINDRA BANK LTD., 27 BKC, C 27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI- 400 051, REPRESENTED BY ITS CHAIRMAN.

¶158

A.R. Nos. 112 of 2021 and connected cases

¶159

¶160

]

¶161

BY ADVS.
Basil Mathew
P.BINNY JOSEPH(K/420/1993)

¶162

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶163

A.R. Nos. 112 of 2021 and connected cases

¶164

¶165

]

¶166

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶167

PRESENT

¶168

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶169

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶170

AR NO. 26 OF 2022

¶171

PETITIONERS

¶172

1 SURESH KUMAR RAMAKRISHNAN KALLADA AGED 53 YEARS PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-680125.

¶173

2 K.S.SINDHU, W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O,THRISSUR-680125.

¶174

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶175

RESPONDENTS

¶176

1 KOTAK MAHINDRA BANK LIMITED 40-1021 & AMP; 1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD,ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER.

¶177

2 M/S KOTAK MAHINDRA BANK LTD, 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI-600096, REPRESENTED BY ITS CHIEF MANAGER.

¶178

A.R. Nos. 112 of 2021 and connected cases

¶179

¶180

]

¶181

3 M/S KOTAK MAHINDRA BANK LTD, 27 BKC, C 27.G BLOCK, BANDRA KURLA COMPLEX, BANDRA(E), MUMBAI-400051, REPRESENTED BY ITS CHAIRMAN.

¶182

BY ADVS.
Basil Mathew
P.BINNY JOSEPH(K/420/1993)

¶183

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING

¶184

A.R. Nos. 112 of 2021 and connected cases

¶185

¶186

]

¶187

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶188

PRESENT

¶189

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶190

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶191

AR NO.27 OF 2022

¶192

PETITIONERS

¶193

1SURESH KUMAR RAMAKRISHNAN KALLADA
AGED 67 YEARS
PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA
HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O,
THRISSUR-680125.

¶194

2K.S.SINDHU,
W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD,
IRINJALAKUDA NORTH.P.O,
THRISSUR-680125.

¶195

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶196

RESPONDENTS

¶197

1KOTAK MAHINDRA BANK LIMITED
40-1021 & AMP; 1022,GROUND FLOOR, KANDAMKULATHY
TOWERS, M.G.ROAD, ERNAKULAM,
REPRESENTED BY ITS CHIEF MANAGER.

¶198

2M/S KOTAK MAHINDRA BANK LTD,
8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI,
OMR,
CHENNAI-600096,
REPRESENTED BY ITS CHIEF MANAGER.

¶199

A.R. Nos. 112 of 2021 and connected cases

¶200

¶201

]

¶202

3 M/S KOTAK MAHINDRA BANK LTD, 27 BKC, C 27.G. BLOCK, BANDRAKURLA COMPLEX, BANDRA(E), MUMBAI-400051, REPRESENTED BY ITS CHIARMAN.

¶203

SRI.P.BINNY JOSEPH

¶204

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶205

A.R. Nos. 112 of 2021 and connected cases

¶206

¶207

]

¶208

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶209

PRESENT

¶210

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶211

FRIDAY, THE 4^TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 AR NO.28 OF 2022

¶212

PETITIONERS

¶213

1SURESH KUMAR RAMAKRISHNAN KALLADA
AGED 67 YEARS
PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA
HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O,
THRISSUR-680125.

¶214

2K.S.SINDHU,
W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD,
IRINJALAKUDA NORTH.P.O,
THRISSUR-680125.

¶215

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶216

RESPONDENTS

¶217

1KOTAK MAHINDRA BANK LIMITED
40-1021 & AMP; 1022,GROUND FLOOR, KANDAMKULATHY
TOWERS, M.G.ROAD, ERNAKULAM,
REPRESENTED BY ITS CHIEF MANAGER.

¶218

2M/S KOTAK MAHINDRA BANK LTD,
8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI,
OMR,
CHENNAI-600096,
REPRESENTED BY ITS CHIEF MANAGER.

¶219

A.R. Nos. 112 of 2021 and connected cases

¶220

¶221

]

¶222

3 M/S KOTAK MAHINDRA BANK LTD, 27 BKC, C 27.G. BLOCK, BANDRAKURLA COMPLEX, BANDRA(E), MUMBAI-400051, REPRESENTED BY ITS CHIARMAN.

¶223

SRI.P.BINNY JOSEPH

¶224

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶225

A.R. Nos. 112 of 2021 and connected cases

¶226

¶227

]

¶228

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶229

PRESENT

¶230

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶231

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
AR NO. 31 OF 2022

¶232

PETITIONERS

¶233

1 SURESH KUMAR RAMAKRISHNAN KALLADA

¶234

AGED 67 YEARS
PROPRIETOR M/S.KALLADA TOURS AND TRAVELS, KALLADA
HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O.,
THRISSUR - 680 125.

¶235

2 K.S.SINDHU W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680 125.

¶236

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶237

RESPONDENTS

¶238

1KOTAK MAHINDRA BANK LIMITED
40-1021 & AMP 1022, GROUND FLOOR, KANDAMKULATHY
TOWERS, M.G.ROAD, ERNAKULAM,
REPRESENTED BY ITS CHIEF MANAGER.

¶239

2 KOTAK MAHINDRA BANK LTD.

¶240

8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI,
OMR, CHENNAI - 600 096, REPRESENTED BY ITS CHIEF
MANAGER.

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A.R. Nos. 112 of 2021 and connected cases

¶242

¶243

]

¶244

3KOTAL MAHINDRA BANK LTD.
27 BKC, C 27, G BLOCK, BANDRA KURLA COMPLEX,
BANDRA (E), MUMBAI - 400 051,
REPRESENTED BY ITS CHAIRMAN.

¶245

BY ADVS.
Basil Mathew
P.BINNY JOSEPH(K/420/1993)

¶246

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶247

A.R. Nos. 112 of 2021 and connected cases

¶248

¶249

]

¶250

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶251

PRESENT

¶252

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶253

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
AR NO. 32 OF 2022

¶254

PETITIONERS

¶255

1 SURESH KUMAR RAMAKRISHNAN KALLADA AGED 67 YEARS PROPRIETOR M/S.KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680 125.

¶256

2 K.S.SINDHU W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680 125.

¶257

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶258

RESPONDENTS

¶259

1 KOTAK MAHINDRA BANK LTD.

¶260

40-1021 & AMP 1022, GROUND FLOOR, KANDAMKULATHY
TOWERS, M.G.ROAD, ERNAKULAM,
REPRESENTED BY ITS CHIEF MANAGER.

¶261

2 KOTAL MAHINDRA BANK LTD.

¶262

8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI,
OMR, CHENNAI - 600 096, REPRESENTED BY ITS CHIEF
MANAGER.

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¶264

¶265

]

¶266

3 KOTAK MAHINDRA BANK LTD. 27 BKC, C 27, G.BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051. REPRESENTED BY ITS CHAIRMAN

¶267

BY SRI.P.BINNY JOSPEH

¶268

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶269

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¶270

¶271

]

¶272

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶273

PRESENT

¶274

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶275

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶276

AR NO. 33 OF 2022

¶277

PETITIONERS

¶278

1SURESH KUMAR RAMAKRISHNAN KALLADA
AGED 67 YEARS
PROPRIETOR M/S.KALLADA TOURS AND TRAVELS, KALLADA
HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O.,
THRISSUR - 680 125.

¶279

2K.S.SINDHU
W/O.K.R.SURESH KUMAR,KALLADA HOUSE, HILL ROAD,
IRINJALAKUDA NORTH P.O., THRISSUR - 680 125.

¶280

BY ADVS.V.R.SANJEEV KUMAR

¶281

S.UMA DEVI
PRAVEEN.H.

¶282

RESPONDENTS

¶283

1KOTAK MAHINDRA BANK LTD.
40-1021 & AMP 1022, GROUND FLOOR, KANDAMKULATHY
TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS
CHIEF MANAGER.

¶284

2KOTAK MAHINDRA BANK LTD.
8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI,
OMR, CHENNAI - 600 096, REPRESENTED BY ITS CHIEF
MANAGER.

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¶286

¶287

]

¶288

3 KOTAK MAHINDA BANK LTD. 27 BKC, C27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051, REPRESENTED BY ITS CHAIRMAN.

¶289

BY ADVS.
Basil Mathew
P.BINNY JOSEPH(K/420/1993)

¶290

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶291

A.R. Nos. 112 of 2021 and connected cases

¶292

¶293

]

¶294

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶295

PRESENT

¶296

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶297

FRIDAY, THE 4^TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 AR NO.38 OF 2022

¶298

PETITIONERS

¶299

1SURESH KUMAR RAMAKRISHNAN KALLADA
PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA
HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O,
THRISSUR-680125.

¶300

2K.S.SINDHU,
W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD,
IRINJALAKUDA NORTH.P.O,
THRISSUR-680125.

¶301

BY ADVS.
PRAVEEN.H.
S.UMA DEVI
V.R.SANJEEV KUMAR

¶302

RESPONDENTS

¶303

1KOTAK MAHINDRA BANK LIMITED
40-1021 & AMP; 1022,GROUND FLOOR, KANDAMKULATHY
TOWERS, M.G.ROAD, ERNAKULAM,
REPRESENTED BY ITS CHIEF MANAGER.

¶304

2M/S KOTAK MAHINDRA BANK LTD,
8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI,
OMR,
CHENNAI-600096,
REPRESENTED BY ITS CHIEF MANAGER.

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¶306

¶307

]

¶308

3 M/S KOTAK MAHINDRA BANK LTD, 27 BKC, C 27.G. BLOCK, BANDRAKURLA COMPLEX, BANDRA(E), MUMBAI-400051, REPRESENTED BY ITS CHIARMAN.

¶309

SRI.P.BINNY JOSEPH

¶310

THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶311

A.R. Nos. 112 of 2021 and connected cases

]

O R D E R

Dated this the 4^th day of November, 2022

¶316

 [AR Nos.112/2021, 7/2022, 12/2022, 13/2022, 20/2022,
 22/2022, 23/2022, 24/2022, 25/2022, 26/2022, 27/2022,
 28/2022, 31/2022, 32/2022, 33/2022 and 38/2022]

¶317

In all these Arbitration Requests, the applicants are before this Court challenging the Arbitration proceedings initiated by the 1^st respondent-Bank. The applicants state that there is an Arbitration Clause in the agreement and a mutually accepted Arbitrator ought to have been appointed.

¶318

This Court in the judgment in Tulsi Developers India

¶319

Pvt. Ltd. v. Dr.Appu Benny Thomas in A.R. No.105 of 2020 has followed the decision of the Apex Court in TRF Ltd. v. Engineering Projects Ltd. [2017 (8) SCC 377] and has held that neither a party to the dispute nor a person nominated by

¶320

one party can be appointed as Arbitrator. Hence, the appointment of Advocate Sri.Suchit Anant Palande as the sole Arbitrator by the 1^st respondent cannot be sustained, contend

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]

the petitioners.

The counsel representing the respondents entered appearance and resisted the writ petition. The counsel controverted all the material allegations made by the applicants. On behalf of the respondents, it is submitted that in terms of the agreement, the applicants are liable to pay huge amounts to the respondents. Inspite of repeated requests, the applicants did not clear the outstanding loan amount.

¶326

The respondents further submitted that there is an agreement between the applicants and the 1^st respondent and in the said agreement, both parties agreed that all claims/disputes arising in connection with the said agreement shall be adjudicated upon by a sole Arbitrator nominated by the Bank in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the Rules made thereunder. In view of the said Arbitration Clause, the 1^st respondent has appointed Advocate Sri.Suchit Anant Palande as the sole Arbitrator to arbitrate the disputes in accordance with the provisions of the

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¶328

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]

¶330

Arbitration and Conciliation Act, 1996.

¶331

The respondents further submitted that in response to

¶332

the notice issued by the Arbitrator, the applicants have appeared in the Arbitration proceedings and acquiesced in the proceedings. Therefore, the applicants cannot turn around and contend that the appointment of Arbitrator is illegal.

¶333

I have heard the learned counsel for the applicants and the learned counsel appearing for the respondents.

¶334

The fact that there is monitory dispute between the applicants and the 1^st respondent under agreements executed, is an admitted fact. Amounts are due to the 1^st respondent. According to the applicants, the amount claimed by the 1^st respondent is excessive and unsustainable.

¶335

It is an admitted position that the agreement between the applicants and the 1^st respondent contains an Arbitration Clause for resolution of the dispute in accordance with the provisions contained in the Arbitration and Conciliation Act, 1996. It is based on the said agreement that the 1^st respondent has appointed an Arbitrator.

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A.R. Nos. 112 of 2021 and connected cases

¶337

¶338

]

¶339

This Court finds that the Honourable Apex Court in the judgment in TRF Ltd. v. Engineering Projects Ltd. [2017 (8) SCC 377] has held that neither a party to the dispute nor a person nominated by one party can be appointed as Arbitrator. In these cases, the sole Arbitrator has been appointed by the 1^st respondent without any consensus ad idem. This Court finds that the unilateral appointment of Arbitrator by the 1^st respondent is irregular and unsustainable.

¶340

10. In the facts of the case, this Court is of the view that an independent sole Arbitrator shall be appointed by this Court in terms of the provisions contained in the Arbitration and Conciliation Act, 1996 for resolution of the dispute between the applicants and the 1^st respondent in each of these Arbitration Requests.

¶341

11. The Arbitration Requests are therefore ordered as follows:

¶342

(i) Sri.K.M. Balachandran (Retired District Judge), ENRA 299, 33/1968, Aiswarya, Perandoor Road, Elamakkara, Kochi – 682026 is appointed as the sole Arbitrator, to arbitrate upon the disputes that have arisen between the applicants and the

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]

¶346

respondents pursuant to the respective agreements entered into by the applicants and the respondents.

¶347

(ii) The learned Arbitrator is at liberty to rule on his own jurisdiction, if the parties raise such a dispute.

¶348

(iii) The Registry is directed to communicate a copy of this order to the learned Arbitrator within a period of ten days from today and to obtain a Statement of Disclosure from the learned Arbitrator as provided under Section 11(8) read with Section 12(1) of the Act.

¶349

(iv) Once the Disclosure Statement is obtained from the learned Arbitrator, the Registry shall issue the certified copy of this order to the learned Arbitrator, with a copy of the said statement appended to it, retaining the original of the same by this Court.

¶350

(v) The learned Arbitrator shall decide the manner in which the fees and expenses of the arbitration proceeding has to be paid by the parties.

¶351

(vi) The parties will appear before the learned Arbitrator on such date and place as decided by the learned Arbitrator.

¶352

(vii) All contentions of the parties are left open to be raised before the learned Arbitrator.

¶353

Sd/-

¶354

smm `

¶355

N. NAGARESH, JUDGE

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¶359

APPENDIX OF AR 112/2021

¶360

PETITIONER ANNEXURES

¶361

`Annexure I`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE BEARING REGISTRATION NO.AR-01-J-` `1387.`
`Annexure II`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24.3.2020.`
`Annexure III`	`TRUE COPY OF THE NOTICE DATED 1.2.2021` `DEMANDING A SUM OF RS.18,56,585/- ISSUED` `BY M/S. SKV ASSOCIATES, ADVOCATES OF THE` `RESPONDENT.`
`Annexure IV`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI. SUCHIT`
	`ANANT PALANDE, ADVOCATE AS THE SOLE` `ARBITRATOR VIDE LETTER DATED 11.2.2021.`
`Annexure V`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19.2.2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17.11.2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA AS WELL AS` `THE HON'BLE APEX COURT OF INDIA AND ALSO` `TO REFRAIN FROM PROCEEDINGS FURTHER IN` `THE MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VII`	`TRUE COPY OF THE CLAIM PETITION DATED` `31.3.2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VIII`	`TRUE COPY OF THE LOAN AGREEMENT` `NO.CV3117374 DATED 2.6.2016 EXECUTED BY` `THE PETITIONERS WITH THE 1ST RESPONDENT` `AT THEIR OFFICE AT IRINJALAKUDA.`

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A.R. Nos. 112 of 2021 and connected cases ]

¶363

¶364

APPENDIX OF AR 7/2022

¶365

PETITIONER ANNEXURES

¶366

`Annexure I`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE C BEARING REGISTRATION NO.AR-01-` `J-1390.`
`Annexure II`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24.03.2020`
`Annexure III`	`TRUE COPY OF THE NOTICE DATED`
	`01.02.2021DEMANDING` `A` `SUM` `OF` `RS.19,55,651/- ISSUED BY M/S SKV`
	`ASSOCIATES, ADVOCATES OF THE RESPONDENT.`
`Annexure IV`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING` `APPOINTED` `OF` `SRI.` `SUCHITANANTPALANDE, ADVOCATEAS THE SOLE` `ARBITRATOR VIDE LETTER DATED 11.02.2021.`
`Annexure V`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19.02.2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17.11.2021 SENT BY THE PETITIONERS` `ADDRESSED TO RESPONDENT CITING THE TWO` `RECENT JUDGMENTS PASSED BY THE HON'BLE` `HIGH COURT OF KERALA AS WELL AS THE` `HON'BLE APEX COURT OF INDIA AND ALSO TO` `REFRAIN FROM PROCEEDINGS FURTHER IN THE` `MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VII`	`TRUE COPY OF THE CLAIM PETITION DATED` `31.03.2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VIII`	`TRUE COPY OF THE LOAN AGREEMENT NO.` `CV3117389 DATED 28.06.2016 EXECUTED BY` `THE PETITIONERS WITH THE 1ST RESPONDENT` `AT THEIR OFFICE AT IRINJALAKUDA.`
`Annexure IX`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIAL MAGISTRATE IST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021`
	`DATED 28.05.2021 FILED BY THE LUDHIANA` `BRANCH OF THE 1ST RESPONDENT BANK`

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¶368

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]

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AGAINST THE 1ST PETITIONER.
Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE RESPONDENTS 1 TO 3 ON 12.11.2019
AGAINST THE PETITIONERS U/S 13(2) OF THE
SARFAESI ACT*

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¶372

¶373

APPENDIX OF AR 12/2022

¶374

PETITIONER ANNEXURES

¶375

`Annexure 1`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE BEARING REGISTRATION NO. AR-01-` `J-1394.`
`Annexure II`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24.03.2020.`
`Annexure III`	`TRUE COPY OF THE NOTICE DATED 01.02.2021` `DEMANDING A SUM OF RS. 18,15,554/-` `ISSUED BY M/S. SKV ASSOCIATES, ADVOCATES` `OF THE RESPONDENT.`
`Annexure IV`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS,` `INTIMATING APPOINTED OF SRI.` `SUCHITANANTH PALANDE, ADVOCATES THE SOLE` `ARBITRATOR VIDE LETTER DATED 11.02.2021.`
`Annexure V`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19.02.021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17.11.2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HONBLE HIGH COURT OF KERALA AS WELL AS` `THE HONBLE APEX COURT OF INDIA AND ALSO` `TO REFRAIN FROM PROCEEDINGS FURTHER IN` `THE MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VII`	`TRUE COPY OF THE CLAIM PETITION DATED` `31.03.2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VII`	`TRUE COPY OF THE LOAN AGREEMENT NO.` `CV3117432 DATED 28.06.2016 EXECUTED BY` `THE PETITIONERS WITH THE IST RESPONDENT` `AT THE OFFICE OF THE RESPONDENT IN` `COCHIN AT ERNAKULAM.`
`Annexure IX`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON 'BLE IIIAQA JUDICIAL MAGISTRATE IST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021` `DATED 28.05.2021 FILED BY THE LUDHIANA` `BRANCH OF THE IST RESPONDENT BANK`

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¶377

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]

¶379

AGAINST THE IST PETITIONER.
Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE RESPONDENT 1 TO 3 ON 12.11.20219
AGAINST THE PETITIONERS U/S 13 (2) OF
THE SARFAESI ACT.
RESPONDENT ANNEXURES
Annexure R1 (a)True copy of the claim statement filed
by the respondent
Annexure R1 (b)True copy of counter statement filed by
the petitioners 21.04.2021

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¶381

¶382

APPENDIX OF AR 13/2022

¶383

PETITIONER ANNEXURES

¶384

`Annexure I`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE BEARING REGISTRATION NO.A4-01-J-` `1393.`
`Annexure II`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24/03/2020.`
`Annexure III`	`TRUE COPY OF THE NOTICE DATED 01/02/2021` `DEMANDING A SUM OF RS.19,56,461/- ISSUED` `BY M/S.SKV ASSOCIATES, ADVOCATES OF THE` `RESPONDENT.`
`Annexure IV`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI.SUCHIT ANANT` `PALANDE, ADVOCATE AS THE SOLE ARBITRATOR` `VIDE LETTER DATED 11/02/2021.`
`Annexure Av`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19/02/2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17/11/2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA AS WELL AS` `THE HON'BLE APEX COURT OF INDIA AND ALSO` `REFRAIN FROM PROCEEDINGS FURTHER IN THE` `MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VII`	`TRUE COPY OF THE CLAIM PETITION DATED` `31/03/2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VIII`	`TRUE COPY OF THE LOAN AGREEMENT` `NO.CV3117094 DATED 02/06/2016 EXECUTED`
	`BY THE PETITIONERS WITH THE 1ST` `RESPONDENT AT THE OFFICE OF THE` `RESPONDENT IN COCHIN AT ERNAKULAM.`
`Annexure IX`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQUE JUDICIAL MAGISTRATE 1ST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021`
	`DATED 28/05/2021 FILED BY THE LUDHIANA` `BRANCH OF THE 1ST RESPONDENT BANK`

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¶386

¶387

]

¶388

AGAINST THE 1ST PETITIONER.
Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE RESPONDENTS 1 TO 3 ON 12/11/2019
AGAINST THE PETITIONERS U/S 13(2) OF THE
SARFAESI ACT.

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¶390

¶391

]

¶392

APPENDIX OF AR 20/2022

¶393

PETITIONER ANNEXURES

¶394

`Annexure 1`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE BEARING REGISTRATION NO.AR- 01-` `J-1392.`
`Annexure II`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24.03.2020.`
`Annexure III`	`TRUE COPY OF THE NOTICE DATED 01.02.2021` `DEMANDING A SUM OF RS. 18,15413/- ISSUED` `BY M/S. SKV ASSOCIATES, ADVOCATE OF THE` `RESPONDENT.`
`Annexure IV`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS,` `INTIMATING APPOINTED OF SRI. SUCHIT` `ANANT PALANDE, ADVOCATE AS THE SOLE` `ARBITRATOR VIDE LETTER DATED 11.02.2021.`
`Annexure V`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19.02.2201 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17.11.2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HONBLE HIGH COURT OF KERALA AS WELL AS` `THE HONBLE APEX COURT OF INDIA AND ALSO` `TO REFRAIN FROM PROCEEDINGS FURTHER IN` `THE MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VII`	`TRUE COPY OF THE CLAIM PETITION DATED` `31.03.2021 SENT BY RESPONDENT 1 AND 2.`
`Annexure VIII`	`TRUE COPY OF THE LOAN AGREEMENT NO.` `CV3136403 DATED 28.06.2016 EXECUTED BY` `THE PETITIONERS WITH THE IST RESPONDENT` `AT THE OFFICE OF THE RESPONDENT IN` `COCHIN AT ERNAKULAM.`
`Annexure IX`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HONBLE IIIAQA JUDICIAL MAGISTRATE IST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021` `DATED 28.05.021 FILED BY THE LUDHIANA` `BRANCH OF THE IST RESPONDENT BANK` `AGAINST THE IST PETITIONER.`

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¶396

¶397

]

¶398

Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE RESPONDENTS 1 TO 3 ON 12.11.2019
AGAINST THE PETITIONERS U/S 13 (2) OF
THE SARFAEST ACT.
RESPONDENT ANNEXURES
Annexure R1 (a)True copy of the claim statement filed
by the respondent
Annexure R1 (b)True copy of counter statement filed by
the petitioners 21.04.2021

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¶400

¶401

]

¶402

APPENDIX OF AR 22/2022

¶403

PETITIONER ANNEXURES

¶404

`Annexure I`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE BEARING REGISTRATION NO.AR-01-J-` `1394.`
`Annexure II`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24.03.2020.`
`Annexure III`	`TRUE COPY OF THE NOTICE DATED 01.02.2021` `DEMANDING A SUM OF RS.19,60,575/- ISSUED` `BY M/S SKV ASSOCIATES, ADVOCATE OF THE` `RESPONDENT.`
`Annexure IV`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI.SUCHIT ANANT` `PALANDE, ADVOCATE AS THE SOLE ARBITRATOR` `VIDE LETTER DATED 11.02.2021.`
`Annexure V`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19.02.2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17.11.2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA AS WELL AS` `THE HON'BLE APEX COURT OF INDIA AND ALSO` `TO REFRAIN FROM PROCEEDINGS FURTHER IN` `THE MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VII`	`TRUE COPY OF THE CLAIM PETITION DATED` `31.03.2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VIII`	`TRUE COPY OF THE LOAN AGREEMENT` `NO.CV3117428 DATED 02.06.2016 EXECUTED` `AT THE OFFICE OF 1ST PETITIONER AT` `IRINJALAKUDA, THRISSUR DISTRICT, KERALA` `STATE.`
`Annexure IX`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021` `DATED 28.05.2021 FILED BY THE LUDHIANA` `BRANCH OF THE 1ST RESPONDENT BANK` `AGAINST THE 1ST PETITIONER.`

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]

¶408

Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE RESPONDENTS 1 TO 3 ON 12.11.2019
AGAINST THE PETITIONERS U/S 13(2) OF THE
SARFAISI ACT
Annexure XITRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON 'BLE COURT IN ARBITRATION
REQUEST NO.7/2022 ON 19.01.2022.
RESPONDENT ANNEXURES
Annexure R1 (a)True copy of counter statement filed by
the petitioners 21.04.2021

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¶410

¶411

APPENDIX OF AR 23/2022

¶412

PETITIONER ANNEXURES

¶413

`Annexure I`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24.03.2020.`
`Annexure II`	`TRUE COPY OF THE NOTICE DATED 01.02.2021` `DEMANDING A SUM OF RS.18,33,413/-ISSUED` `BY M/S SKV ASSOCIATES, ADVOCATES OF THE` `RESPONDENT.`
`Annexure III`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI.SUCHIT ANANT` `PALANDE, ADVOCATE AS THE SOLE ARBITRATOR` `VIDE LETTER DATED 11.02.2021.`
`Annexure IV`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19.02.2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure V`	`TRUE COPY OF THE OBJECTION DATED` `17.11.2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA AS WELL AS` `THE HON'BLE APEX COIURT OF INDIA AND` `ALSO TO REFRAIN FROM PROCEEDINGS FURTHER` `IN` `THE` `MATTER` `OF` `ARBITRATION` `PROCEEDINGS.`
`Annexure VI`	`TRUE COPY OF THE CLAIM PETITION DATED` `31.03.2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VII`	`TRUE COPY OF THE LOAN AGREEMENT NO.CV` `3136418 DATED 28.06.2016 EXECUTED AT THE` `OFFICE` `OF` `1ST` `PETITIONER` `AT` `IRINJALAKUDA, THRISSUR DISTRICT, KERALA` `STATE.`
`Annexure VIII`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST`
	`CLASS COURT AT LUDHIANA AS CNR 96252021` `DATED 28.05.2021 FILED BY THE LUDIANA`
	`BRANCH OF THE 1ST RESPONDENT BANK` `AGAINST THE 1ST PETITIONER.`
`Annexure IX`	`TRUE COPY OF THE DEMAND NOTICE ISSUED BY` `THE RESPONDENTS 1 TO 3 ON 12.11.2019`

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¶417

AGAINST THE PETITIONERS U/S 13 (2) OF
THE SARFAESI ACT
Annexure XTRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN ARBITRATION
REQUEST NO.7/2022 ON 19.01.2022.

¶418

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¶419

¶420

APPENDIX OF AR 24/2022

¶421

PETITIONER ANNEXURES

¶422

`Annexure I`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24.03.2020.`
`Annexure II`	`TRUE COPY OF THE NOTICE DATED 01.02.2021` `DEMANDING A SUM OF RS,18,32,325/- ISSUED` `BY M/S SKV ASSOCIATES, ADVOCATES OF THE` `RESPONDENT.`
`Annexure III`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI.SUCHIT ANANT` `PALANDE, ADVOCATE AS THE SOLE ARBITRATOR` `VIDE LETTER DATED 11.02.2021.`
`Annexure IV`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19.02.2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure V`	`TRUE COPY OF THE OBJECTION DATED` `17.11.2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA AS WELL AS` `THE HON'BLE APEX COURT OF INDIA AND ALSO` `TO REFRAIN FROM PROCEEDINGS FURTHER IN` `THE MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VI`	`TRUE COPY OF THE CLAIM PETITION DATED` `31.03.2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VII`	`TRUE COPY OF THE LOAN AGREEMENT` `NO.CV3136441 DATED 28.06.2016 EXECUTED` `AT THE OFFICE OF 1ST PETITIONER AT` `IRINJALAKUDA, THRISSUR DISTRICT, KERALA` `STATE`
`Annexure VIII`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021`
	`DATED 28.05.2021 FILED BY THE LUDHIANA` `BRANCH OF THE 1ST RESPONDENT BANK` `AGAINST THE 1ST PETITIONER`
`Annexure IX`	`TRUE COPY OF THE DEMAND NOTICE ISSUED BY` `THE RESPONDENTS 1 TO 3 ON 12.11.2019`

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]

¶426

AGAINST THE PETITIONERS U/S 13(2) OF THE
SARFAESI ACT
Annexure XTRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN ARBITRATION
REQUEST NO.7/2022 ON 09.01.2022.
RESPONDENT ANNEXURES
Annexure R1 (a)True copy of counter statement filed by
the petitioners 21.04.2021

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¶428

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]

¶430

APPENDIX OF AR 25/2022

¶431

PETITIONER ANNEXURES

¶432

`Annexure 1`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE BEARING REGISTRATION NO. AR-01-` `J-1393.`
`Annexure ii`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24.03.2020.`
`Annexure iii`	`TRUE COPY OF THE NOTICE DATED 01.02.2021` `DEMANDING A SUM OF RS. 18,30, 140/-` `ISSUED BY M/S. SKV ASSOCIATES, ADVOCATES` `OF THE RESPONDENT.`
`Annexure iV`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI. SUCHIT` `ANANT PALANDE, ADVOCATE AS THE SOLE` `ARBITRATOR VIDE LETTER DATED 11.02.2021.`
`Annexure V`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19.02.2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17.11.2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA, AS WELL AS` `THE HON'BLE APEX COURT OF INDIA, AND` `ALSO TO REFRAIN FROM PROCEEDINGS FURTHER` `IN THE MATTER OF ARBITRATION` `PROCEEDINGS.`
`Annexure VII`	`TRUE COPY OF THE CLAIM PETITION DATED` `31.03.2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VIII`	`TRUE COPY OF THE LOAN AGREEMENT NO.` `C3136383 DATED 28.06.2016 EXECUTED BY` `THE PETITIONERS WITH THE 1ST RESPONDENT` `AT THEIR OFFICE AT IRINJALAKUDA.`
`Annexure IX`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021` `DATED 28.05.2021 FILED BY THE LUDHIANA` `BRANCH OF THE 1ST RESPONDENT BANK` `AGAINST THE 1ST PETITIONER.`

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¶436

Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE RESPONDENTS 1 TO 3 ON 12.11.2019
AGAINST THE PETITIONERS U/S. 13 (2) OF
THE SARFAESI ACT.
RESPONDENT ANNEXURES
Annexure R1 (a)True copy of the claim statement filed
by the respondent
Annexure R1 (b)True copy of counter statement filed by
the petitioners 21.04.2021

¶437

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¶438

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]

¶440

APPENDIX OF AR 26/2022

¶441

PETITIONER ANNEXURES

¶442

`Annexure I`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24.03.2020`
`Annexure II`	`TRUE COPY OF THE NOTICE DATED 01.02.2021` `DEMANDING A SUM OF RS.18,33, 152/-` `ISSUED BY M/S SKV ASSOCIATES, ADVOCATES` `OF THE RESPONDENT.`
`Annexure III`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI.SUCHIT ANANT` `PALANDE, ADOVOCATE AS THE SOLE` `ARBITRATOR VIDE LETTER DATED 11.02.2021.`
`Annexure IV`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19.02.2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure V`	`TRUE COPY OF THE OBJECTION DATED` `17.11.2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA AS WELL AS` `THE HON'BLE APEX COURT OF INDIA AND ALSO` `TO REFRAIN FROM PROCEEDINGS FURTHER IN` `THE MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VI`	`TRUE COPY OF THE CLAIM PETITION DATED` `31.03.2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VII`	`TRUE COPY OF THE LOAN AGREEMENT` `NO.CV3136398 DATED 28.06.2016 EXECUTED`
	`AT THE OFFICE OF 1ST PETITIONER AT` `IRINJALAKUDA, THRISSUR DISTRICT, KERALA` `STATE`
`VIII`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021` `DATED 28.05.2021 FILED BY THE LUDHIANA`
	`BRANCH OF THE 1ST RESPONDENT BANK` `AGAINST THE 1ST PETITIONER.`
`Annexure IX`	`TRUE COPY OF THE DEMAND NOTICE ISSUED BY` `THE RESPONDENTS 1 TO 3 ON 12.11.2019` `AGAINST THE PETITIONER U/S 13(2)OF THE`

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]

¶446

SARFAESI ACT.

¶447

Annexure XTRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN ARBITRATION
REQUEST NO.7/2022 ON 19.01.2022.
RESPONDENT ANNEXURES
Annexure R1 (a)True copy of the claim statement filed
by the respondent
Annexure R1 (b)True copy of counter statement filed by
the petitioners 21.04.2021

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¶449

¶450

APPENDIX OF AR 27/2022

¶451

PETITIONER ANNEXURES

¶452

`Annexure I`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE BEARING REGISTRATION NO. AR-01-` `J-1385`
`Annexure II`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24.03.2020.`
`Annexure III`	`TRUE COPY OF THE NOTICE DATED 01.02.2021` `DEMANDING A SUM OF RS. 19,62,992/-` `ISSUED BY M/S. SKV ASSOCIATES, ADVOCATES` `OF THE RESPONDENT.`
`Annexure IV`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI. SUCHIT` `ANANT PALANDE, ADVOCATE AS THE SOLE` `ARBITRATOR VIDE LETTER DATED 11.02.2021.`
`Annexure V`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19.02.2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17.11.2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA, AS WELL AS` `THE HON'BLE APEX COURT OF INDIA, AND` `ALSO TO REFRAIN FROM PROCEEDINGS FURTHER`
	`IN` `THE` `MATTER` `OF` `ARBITRATION` `PROCEEDINGS.`
`Annexure VII`	`TRUE COPY OF THE CLAIM PETITION DATED` `31.03.2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VIII`	`TRUE COPY OF THE LOAN AGREEMENT NO.` `CV3117393 DATED 28.06.2016 EXECUTED BY` `THE PETITIONERS WITH THE 1ST RESPONDENT` `AT THE OFFICE OF THE RESPONDENT IN` `COCHIN AT ERNAKULAM.`
`Annexure IX`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST`
	`CLASS COURT AT LUDHIANA AS CNR 9625/2021` `DATED 28.05.2021 FILED BY THE LUDHIANA`

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¶456

BRANCH OF THE 1ST RESPONDENT BANK
AGAINST THE 1ST PETITIONER.
Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE RESPONDENTS 1 TO 3 ON 12.11.2019
AGAINST THE PETITIONERS U/S. 13 (2) OF
THE SARFAESI ACT.

¶457

RESPONDENT ANNEXURES

¶458

Annexure R1 (a)True copy of the claim statement filed
by the respondent
Annexure R1 (b)True copy of counter statement filed by
the petitioners 21.04.2021

¶459

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¶461

APPENDIX OF AR 28/2022

¶462

PETITIONER ANNEXURES

¶463

`Annexure I`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE BEARING REGISTRATION NO.AR-01-J-` `1387.`
`Annexure II`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24.03.2020.`
`Annexure III`	`TRUE COPY OF THE NOTICE DATED 01.02.2021` `DEMANDING OF SUM OF RS.18,30,576/-` `ISSUED BY M/S SKV ASSOCIATES, ADVOCATES` `OF THE RESPONDENT.`
`Annexure IV`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF` `SRI.SUCHITANANTPALANDE, ADVOCATES THE` `SOLE ARBITRATOR VIDE LETTER DATED` `11.02.2021`
`Annexure V`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITONERS ON 19.02.2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17.11.2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA AS WELL AS` `THE HON'BLE APEX COURT OF INDIA AND ALSO` `TO REFRAIN FROM PROCEEDINGS FURTHER IN` `THE MATTER OF ARBITRATION PROCEEDINGS.`
`AnnexuRE VII`	`TRUE COPY OF THE CLAIM PETITION DATED` `31.03.2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VIII`	`TRUE COPY OF THE LOAN AGREEMENT` `NO.CV3136437 DATED 28.06.2016 EXECUTED` `BY THE PETITIONERS WITH THE 1ST` `RESPONDENT AT THE OFFICE OF THE` `RESPONDENT IN COCHIN AT ERNAKULAM`
`Annexure IX`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST` `CLASS COURT AT LUDIANA AS CNR 9625/2021` `DATED 28.05.2021 FILED BY THE LUDHIANA` `BRANCH OF THE 1ST RESPONDENT BANK`

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AGAINST THE 1ST PETITIONER.
Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE RESPONDENTS 1 TO 3 ON 12.11.2019
AGAINST THE PETITIONERS U/S 13(2) OF THE
SAFAESI ACT

¶468

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¶469

¶470

APPENDIX OF AR 31/2022

¶471

PETITIONER ANNEXURES

¶472

`Annexure I`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE BEARING REGISTRATION NO.AR-01-J-` `1392.`
`Annexure II`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24/03/2020.`
`Annexure III`	`TRUE COPY OF THE NOTICE DATED 01/02/2021` `DEMANDING A SUM OF RS.18,96,839/- ISSUED` `BY M/S.SKV ASSOCIATES, ADVOCATES OF THE` `RESPONDENT.`
`Annexure IV`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI.SUCHIT ANANT` `PALANDE, ADVOCATE AS THE SOLE ARBITRATOR` `VIDE LETTER DATED 11/02/2021.`
`Annexure V`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19/02/2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17/11/2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS WELL AS THE HON'BLE` `HIGH COURT OF KERALA AS WELL AS THE` `HON'BLE APEX COURT OF INDIA AND ALSO TO` `REFRAIN FROM PROCEEDINGS FURTHER IN THE` `MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VII`	`TRUE COPY OF CLAIM PETITION DATED` `31/03/2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VIII`	`TRUE COPY OF THE LOAN AGREEMENT` `NO.CV3117263 DATED 02/06/2016 EXECUTED` `AT THE OFFICE OF 1ST PETITIONER AT` `IRINJALAKUDA, THRISSUR DISTRICT, KERALA` `STATE.`
`Annexure IX`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021`
	`DATED 28/05/2021 FILED BY THE LUDHIANA` `BRANCHOF THE 1ST RESPONDENT BANK AGAINST`

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¶476

	`THE 1ST PETITIONER.`
`Annexure X`	`TRUE COPY OF THE DEMAND NOTICE ISSUED BY`
	`THE RESPONDENTS 1 TO 3 ON 12/11/2019` `AGAINST THE PETITIONERS U/S 13(2) OF THE` `SARFASI ACT.`
`Annexure XI` `RESPONDENT ANNEX`	`TRUE COPY OF THE INTERIM ORDER PASSED BY` `THIS HON'BLE COURT IN ARBITRATION` `REQUEST NO.7/2022 ON 19/01/2022.` `URES`
`Annexure R1(a)`	`True copy of the claim statement filed` `by the respondent`
`Annexure R1(b)`	`True copy of counter statement filed by` `the petitioners 21.04.2021`

¶477

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¶478

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]

¶480

APPENDIX OF AR 32/2022

¶481

PETITIONER ANNEXURES

¶482

`Annexure I`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE BEARING REGISTRATION NO.AR-01-J-` `1386.`
`Annexure II`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24/03/2020.`
`Annexure III`	`TRUE COPY OF THE NOTICE DATED 01/02/2021` `DEMANDING OF SUM OF RS.19,59,966/-` `ISSUED BY M/S.SKV ASSOCIATES, ADVOCATES` `OF THE RESPONDENT.`
`Annexure IV`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI.SUCHIT ANANT` `PALANDE, ADVOCATE AS THE SOLE ARBITRATOR` `VIDE LETTER DATED 11/02/2021.`
`Annexure V`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19/02/2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17/11/2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA AS WELL AS` `THE HON'BLE APEX COURT OF INDIA AND ALSO` `TO REFRAIN FROM PROCEEDINGS FURTHER IN` `THE MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VII`	`TRUE COPY OF THE CLAIM PETITION DATED` `31/03/2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VIII`	`TRUE COPY OF THE LOAN AGREEMENT` `NO.CV3117409 DATED 02/06/2016 EXECUTED` `AT THE OFFICE OF 1ST PETITIONER OF` `IRINJALAKUDA, THRISSUR DISTRICT, KERALA` `STATE.`
`Annexure IX`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021` `DATED 28/05/2021 FILED BY THE LUDHIANA` `BRANCH OF THE 1ST RESPONDENT BANK` `AGAINST THE 1ST PETITIONER.`

¶483

A.R. Nos. 112 of 2021 and connected cases

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]

¶486

Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE RESPONDENTS 1 TO 3 ON 12/11/2019
AGAINST THE PETITIONERS U/S. 13(2) OF
THE SARFAEASI ACT.
Annexure XITRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN ARBITRATION
REQUEST NO.7/2011 ON 19/01/2022

¶487

A.R. Nos. 112 of 2021 and connected cases

¶488

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]

¶490

APPENDIX OF AR 33/2022

¶491

PETITIONER ANNEXURES

¶492

`Annexure I`	`TRUE COPY OF THE RC CERTIFICATE OF THE` `VEHICLE BEARING REGISTRATION NO.A4-01-J-` `1389.`
`Annexure II`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24/03/2020.`
`Annexure III`	`TRUE COPY OF THE NOTICE DATED 01/02/2021` `DEMANDING A SUM OF RS.19,60,597/- ISSUED` `BY M/S.SKV ASSOCIATES, ADVOCATES OF THE` `RESPONDENT.`
`Annexure IV`	`TRUE COPY OF TH NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI.SUCHIT ANANT` `PALANDE, ADVOCATE AS THE SOLE ARBITRATOR` `VIDE LETTER DATED 11/02/2021.`
`Annexure V`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19/02/2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure VI`	`TRUE COPY OF THE OBJECTION DATED` `17/11/2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA AS WELL AS` `THE HON'BLE APEX COURT OF INDIA AND ALSO` `TO REFRAIN FROM PROCEEDINGS FURTHER IN` `THE MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VII`	`TRUE COPY OF THE CLAIM PETITION DATED` `31/03/2021 SENT BY RESPONDENTS 1 AND 2.`
`Annexure VIII`	`TRUE COPY OF THE LOAN AGREEMENT` `NO.CV3117413 DATED 02/06/2016 EXECUTED` `AT THE OFFICE OF 1ST PETITIONER AT` `IRINJALAKUDA, THRISSUR DISTRICT KERALA` `STATE.`
`Annexure IX`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIL MAGISTRATE 1ST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021` `DATED 28/05/2021 FILED BY THE LUDHIANA` `BRANCH OF THE 1ST RESPONDENT BANK` `AGAINST THE 1ST PETITIONER.`

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Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE RESPONDENTS 1 TO 3 ON 12/11/2019
AGAINST THE PETITIONERS U/S. 13(2) OF
THE SARFAEASI ACT.
Annexure XITRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN ARBITRATION
REQUEST NO.7/2022 ON 19/01/2022.
RESPONDENT ANNEXURES
Annexure R1(b)True copy of counter statement filed by
the petitioners 21.04.2021
Annexure R1(a)True copy of the claim statement filed
by the respondent

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APPENDIX OF AR 38/2022

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PETITIONER ANNEXURES

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`Annexure I`	`TRUE COPY OF THE NOTIFICATION ISSUED BY` `THE GOVERNMENT OF INDIA ON 24/03/2020.`
`Annexure II`	`TRUE COPY OF THE NOTICE DATED 01/02/2021` `DEMANDING A SUM OF RS.18,33,540/- ISSUED` `BY M/S.SKV ASSOCIATES, ADVOCATES OF THE` `RESPONDENT.`
`Annexure III`	`TRUE COPY OF THE NOTICE SENT BY THE` `RESPONDENT ADDRESSED TO THE PETITIONERS` `INTIMATING APPOINTED OF SRI.SUCHIT ANANT` `PALANDE, ADVOCATE AS THE SOLE ARBITRATOR` `VIDE LETTER DATED 11/02/2021.`
`Annexure IV`	`TRUE COPY OF THE OBJECTION SENT BY THE` `PETITIONERS ON 19/02/2021 OBJECTING THE` `APPOINTMENT OF SOLE ARBITRATOR.`
`Annexure V`	`TRUE COPY OF THE OBJECTION DATED` `17/11/2021 SENT BY THE PETITIONERS` `ADDRESSED TO THE RESPONDENT CITING THE` `TWO RECENT JUDGMENTS PASSED BY THE` `HON'BLE HIGH COURT OF KERALA AS WELL AS` `THE HON'BLE APEX COURT OF INDIA AND ALSO` `TO REFRAIN FROM PROCEEDINGS FURTHER IN` `THE MATTER OF ARBITRATION PROCEEDINGS.`
`Annexure VI`	`TRUE COPY OF THE CLAIM PETITION DATED` `31/03/2021 SENT BY RESPONDENT 1 AND 2.`
`Annexure VII`	`TRUE COPY OF THE LOAN AGREEMENT` `NO.CV3136422 DATED 28/06/2016 EXECUTED` `AT THE OFFICE OF 1ST PETITIONER AT` `IRINJALAKUDA, THRISSUR DISTRICT, KERALA` `STATE.`
`Annexure VIII`	`TRUE COPY OF THE CASE FILED BEFORE THE` `HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST` `CLASS COURT AT LUDHIANA AS CNR 9625/2021` `DATED 28/05/2021 FILED BY THE LUDHIANA` `BRANCH OF THE 1ST RESPONDENT BANK` `AGAINST THE 1ST PETITIONER.`
`Annexure IX`	`TRUE COPY OF THE DEMAND NOTICE ISSUED BY` `THE RESPONDENTS 1 TO 3 ON 12/11/2019` `AGAINST THE PETITIONERS U/S. 13(2) OF`

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THE SARFAESI ACT.
Annexure XTRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN ARBITRATION
REQUEST NO.7/2022 ON 19/01/2022.

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Suresh Kumar Ramakrishnan Kallada, v. Kotak Mahindra Bank Ltd.

Case brief

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Suresh Kumar Ramakrishnan Kallada, v. Kotak Mahindra Bank Ltd.

Case brief

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