Allowed

M/s Daimler Financial Services India Pvt. Ltd, Represented by its authorised signatory v. M/s. Salabham Travels, Represented by its Managing Partner, Mr.Maneesh

Madras HC23 Mar 2021OP/132/2021

Case brief

AI extract

What is this about?

In Original Petition No.132 of 2021, the Madras High Court appointed Mr. John Zachariah as a sole arbitrator to adjudicate disputes arising from a loan agreement. The court acknowledged the arbitration clause despite the respondents raising forgery objections and a pending criminal complaint.

What did the court decide?

Appointment of Mr. John Zachariah as sole arbitrator and permission to address objections to contract validity during proceedings.

M/s Daimler Financial Services India Pvt. Ltd, Represented by its… — Arbitration | Madras HC (2021)

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O.P.No.132 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.03.2021

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C O R A M

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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O.P.No.132 of 2021

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M/s.DAIMLER FINANCIAL SERVICES INDIA PVT LTD., rep.by its authorised signatory Mr.RakeshDawnyKokkattu 1^st Floor, Unit-1, Block B, Tek Meadows Campus, No.51m Rajiv Gandhi Salai, Sholinganallur, Chennai – 600 119. ...Petitioner -V1.M/s.Salabham Travels rep.by its Managing Partner, Mr.Maneesh, 2/382, Kunnumpurath Building, Thiruvankulam, Ernakumal – 682 305. 2.Maneesh Sasidharan, Salabham Kanayannur, Kureekad, Ernakulam -682 305, Kerala. ...Respondents

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O.P.No.132 of 2021

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Prayer : Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 praying to appoint a sole arbitrator to adjudicate upon the differences and disputes between the parties under the said Agreement bearing Contract No.20142213 dated 26.02.2019.

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For Petitioner : Mr.M. Arunachalam For Respondents : Mr.P.A.Abilash for Mr.Livinston ORDER

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The above matter has been filed for appointing an Arbitrator

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since the disputes have arisen between the parties in respect of the Loan Agreement dated 31.01.2019 in Contract No.20141904.

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2.The respondents, who had borrowed a loan from the petitioner Company for purchasing a Commercial vehicle and promising to repay the loan amount together with interest in 60 monthly equated

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monthly installments, have failed to pay even a single installment to

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O.P.No.132 of 2021

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the petitioner. The Loan Agreement contains an arbitration Clause and the petitioner herein had demanded repayment of loan amount which was refused. The petitioner had originally appointed an Arbitrator under a reference letter dated 24.10.2019. After issuance of notice to the parties, the respondent had filed a preliminary objection under Section 13 of the Arbitration and Conciliation Act following which the Arbitrator has recused himself from the proceedings. Therefore, the petitioner has come forward with the present application. 3.Though the respondents had not filed their counter Mr.Abilash appearing on behalf of Mr.Livinston would submit that the signatures are forged and a criminal complaint is pending between the parties. However, when this Court posed with a question as to how the vehicles had been purchased the learned counsel fairly conceded that it is only through the loan from the petitioner company.

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O.P.No.132 of 2021

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4.Considering the fact that the Loan Agreement has been

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admitted, and in the light of there being the disputes between the parties, an Arbitrator has to be appointed in terms of the arbitration clause and accordingly, I appoint Mr.John Zachariah, Advocate, as the

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Arbitrator to adjudicate upon the differences and disputes between the

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parties.

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5.In the light of the above circumstances, this Court is passing

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the following orders:

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i)Mr.John Zachariah, Advocate, residing at Fox Mandal & Associates, FM House, No.302, Anna Salai, Teynampet, Chennai –

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600 006, Mobile No.9940156939, is appointed as an Arbitrator.

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ii) The arbitrator may, after issuing notice to the parties and

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upon hearing them, pass an award as expeditiously as possible,

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preferably within a period of six months from the date of entering

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O.P.No.132 of 2021

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reference. It is open to the respondents to raise all legal objections as

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to the validity of contract.

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iii) The arbitrator is at liberty to fix the remuneration and other
incidental expenses as per law.
iv) The proceedings may be conducted at the Nani Palkhivala
Arbitration Centre, New D.No.22, Karpagambal Nagar, Mylapore,
Chennai 600004. The Centre has been recognised as an Institution by
orders of the Hon'ble Chief Justice dated 19.09.2005.
The Original Petition is ordered leaving the parties to bear their
own costs.
23.03.2021
Internet : Yes/No
Index :Yes/No
Speaking / Non-Speaking
mps

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O.P.No.132 of 2021

P.T. ASHA. J,

mps

To
Mr.John Zachariah,
Advocate,
Fox Mandal & Associates,
FM House,
No.302, Anna Salai,
Teynampet,
Chennai – 600 006,
O.P.No.132 of 2021
23.03.2021

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M/s Daimler Financial Services India Pvt. Ltd, Represented by its authorised signatory v. M/s. Salabham Travels, Represented by its Managing Partner, Mr.Maneesh

Case brief

What is this about?

What did the court decide?

M/s Daimler Financial Services India Pvt. Ltd, Represented by its authorised signatory v. M/s. Salabham Travels, Represented by its Managing Partner, Mr.Maneesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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