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2009 Supreme(Ker) 726

K.M.JOSEPH, M.L.JOSEPH FRANCIS
Muthoot Vehicle & Asset Finance Ltd. – Appellant
Versus
Gopalan Kuttappan – Respondent


Advocates Appeared: For the Appellant :C.S. Manilal, Advocate. For the Respondent: K.J.
Josemon, Mathew Skaria, C.M. Tomy, Advocates

Judgment :-

M.L. Joseph Francis, J.

The above appeals are filed by the petitioner, M/s. Muthoot Vehicle & Asset Finance Ltd. in O.P. (Arb) No.155 of 2009, 934 of 2009, 943 of 2009 and 940 of 2009 on the file of District Court, Ernakulam. Respondents in the above appeals are respondents in the respective Arb.O.Ps.

2. The common facts of the case are briefly as follows:

The appellant is a public limited company having its registered office at Ernakulam. The company is mainly engaged in the business of providing loans on hypothecation and guarantee basis. The appellant provided loan facility for the purchase of vehicle to the first respondent in the above O.Ps. The second respondent in O.P. No. 940 of 2009 and second respondent in U.P. No. 943 of 2009 stood as guarantors to the first respondent in the above case. The agreement provides for arbitration in the event of dispute. As per the terms and conditions of agreement, respondents have to repay the loan with interest in monthly instalments. After the initial payment of few instalments, the respondents defaulted in making monthly instalments. In spite of repeated notices, the respondents did not repay the defaulted instalments. Theref













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