SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(AP) 584

NARASIMHA REDDY, S.V.BHATT
Jalumuri Venkata Raja Rao – Appellant
Versus
Managing Director Shriram City Union Finance Ltd. , Chennai – Respondent


Advocates appeared:
For the Petitioners:N. Ashwani Kumar, Advocate.
For the Respondents:Maheswara Rao Kuncheam, Advocate.

Judgment :

Narasimha Reddy, J.

1. The plaintiffs in OS No. 117 of 2010 on the file of the learned III Additional District Judge, Kakinada, filed this revision feeling aggrieved by an order, dated 3.11.2011 passed in IA No. 2946 of 2010 filed therein.

2. For the sake of convenience, the parties are referred to as arrayed in the suit.

3. The plaintiffs are spouses and they borrowed a sum of Rs. 60,00,000/- from the 1st defendant-finance company in the year 2008. It was agreed to be repaid in 60 monthly instalments. An item of immovable property was mortgaged. At one point of time, the plaintiffs intended to liquidate the lone by paying the outstanding instalments and to redeem the mortgage. The documents that are entered into between the parties contained an arbitration clause.

4. The proposal mooted by the plaintiffs for liquidation of the loan half way through was not acceded to by the defendants. They invoked the arbitration clause and addressed a letter requiring the plaintiffs to participate therein. Sensing that the defendants are trying to encash the blank cheques issued by the plaintiffs, for repayment of instalments, the they filed AAOP No.3 of 2012 in the Court of Princip











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top