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2023 Supreme(Chh) 23

P. SAM KOSHY
Suresh Kumar Goyal, S/o. Lt. Kishori Lal Goyal – Appellant
Versus
Aditya Birla Housing Finance Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Himanshu Pandey.
For the Respondent: Mr. Ankit Pandey.

ORDER :

1. The instant writ petition has been filed seeking for following reliefs :-

    “A. Issue a writ of certiorari quashing and setting aside the notice dated 22.08.2022 issued by respondent no.3 whereby the commencement of arbitration was notified by the arbitrator and consequential arbitration proceedings arising there from.

B. Grant the cost of the petition to the petitioner.

C. Grant any other relief as deemed fit and proper in the facts and circumstances of the case.”

2. The impugned order Annexure P-1 under challenge is a notice issued by the respondent no.3 the sole arbitrator appointed to arbitrate upon the dispute between the petitioner and respondent no.1 & 2.

3. Facts relevant for adjudication of the present dispute is that the petitioner had obtained certain loan for commercial transactions from the respondent no.1 & 2. The respondent no.1 & 2 in turn sanctioning to the petitioner the loan of Rs. 1,82,93,945(One crore, Eighty two lakhs, ninety three thousand, nine forty five Rupees) vide loan Account No.LNRAIHL-12180043625.

4. In pursuance to the sanctioning of loan, the petitioner entered into a law agreement with respondent No.1 & 2 and created a mortgage in respect of the

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