DELHI HIGH COURT
NAVIN CHAWLA
Kotak Mahindra Bank – Appellant
Versus
S. Nagabhushan – Respondent
JUDGMENT
1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') has been filed by the petitioner challenging the Arbitral Award dated 07.04.2017 passed by the Sole Arbitrator in Case no. ARB/DKS/34/2016 titled M/s. Kotak Mahindra Bank v. S. Nagabhushan & Ors. (hereinafter referred to as the `Impugned Award'). The Impugned Award holds that as the petitioner was not a signatory to the Loan Agreement executed between the respondent nos. 1 and 2 on the one hand and respondent no. 3 on the other, the reference of the disputes to arbitration by the petitioner was not maintainable and the Sole Arbitrator does not have jurisdiction to adjudicate the disputes.
2. The case of the petitioner, in short, is that the respondent nos. 1 and 2 had approached respondent no. 3 Citifinancial Consumer Finance India Limited for obtaining a housing loan for purchase of an immovable property being site no. 76, Cascading Meadows 2 Khata No. 119/4, Marangondanahalli Village, Bidra Halli Hobli, Banglore-560036. Respondent No. 3 sanctioned a loan of Rs.47.90 lakhs to the respondent nos. 1 and 2 and accordingly Loan Agreement dated 31.05.2007
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