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2012 Supreme(Gau) 337

SWAPAN CHANDRA DAS
Muslim Ali – Appellant
Versus
Ashok Leyland Finance Ltd. Now "Indusind Bank Ltd. " – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: D.K. Biswas and G.S. Bhattahcerjee
For Respondents/Defendant: P. Rathor

JUDGMENT

S.C. Das, J.

1. The petitioners, named above, filed the present application under Article 227 of the Constitution of India challenging order dated 19.05.2011 passed by learned Civil Judge, or Division, Kailashahar, North Tripura District in Civil Misc Case No. 03/2011 arising out of Title Suit No. 5/ 2011 and the passed by learned Additional District Judge, North Tripura, Kailashahar in Civil Misc. Appeal No. 5/2011, alleging that the learned Civil Judge, Senior Division (trial Court) and the learned Additional District Judge (appellate Court) have utterly failed to exercise lawful jurisdiction vested/ conferred in them and thereby caused gross miscarriage of justice. Heard Learned Counsel, Mr. D.K. Biswas for petitioners and Learned Counsel, Mr. P. Rathor for the respondents.

2. The petitioners, as plaintiffs, instituted Title Suit No. 5/2011 for declaration and injunction in the Court of Civil Judge, Senior Division, Kailashahar; seeking following reliefs :

(A) Granting declaration that above said questioned proceeding (of arbitration) and questioned award (of arbitration) are illegal, ultravires, none-est and not binding upon the plaintiffs, having been vitiated by fraud an












































































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