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2009 Supreme(Ker) 950

S.S.SATHEESACHANDRAN
TML Financial Services Ltd. – Appellant
Versus
Vinod Kumar – Respondent


Advocates appeared:
For the Petitioner:Rajesh Thomas, Jijo Joseph, Advocates. For the Respondent:T. Madhu, Advocate.

Judgment :

The Writ Petition is filed seeking mainly the following relief:

"To set aside/reverse the order dated 17.11.2008, passed by the learned Court of the Munsiff of Hosdurg in the Interlocutory Application No.3475 of 2008 in Original Suit No.233 of 2008, titled as "Mr.Vinod Kumar V. vs. M/s.TML Financial Services Ltd." and may consequently be pleased to allow the application filed by the petitioner under Section 8 of the Arbitration and Conciliation Act, 1996, thereby referring the matter to arbitration, to be conducted by the Arbitrator."

2. Petitioner is the defendant in O.S.No.233 of 2008 on the file of the Munsiff Court, Hosdurg, and the respondent, the plaintiff. Suit is one for damages for a sum of Rs.50,000/- and also for a declaration that the plaintiff is not liable to repay the outstanding instalments defaulted on the loan availed from the defendant for the purchase of a vehicle in view of its illegal seizure by the defendant. P3 is copy of the plaint in the above suit. Petitioner/defendant, on appearance, moved an application for stay of the suit contending that the parties are governed by an arbitration agreement, and therefore, all disputes and differences are to

















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