SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2003 Supreme(Mad) 1696

R.BALASUBRAMANIAN
S. Viswanathan – Appellant
Versus
Ashok Leyland Finance Ltd. – Respondent


Advocates Appeared:
Mr. V.R. Venkataraman, Senior Advocate for M/s. Baskaran and A. Dhiraviyanathan, Advocates for Plaintiff in O.A. No.248 of 2002 and M/s. S.Srinivasaraghavan, Advocate for Plaintiffs in C.S.No.242 of 2002; A. No.2584 of 2002. Mr. S. Srinivasaraghavan, Advocate for Defendant No.1; M/s. R. Raja, E. Venkatesh Babu for Defendant No.3; Mr. S. Basker, Advocate for Defendant.

Judgment :

1. This is an application filed by the first defendant under Section 8 of the Arbitration and Conciliation Act, 1996 to refer the parties to the suit to arbitration and consequently dismiss the suit itself. Heard the learned counsel for the applicant and the learned Senior Counsel for respondents 1 and 2, who are the plaintiffs in the suit. The suit is for a declaration to set aside the sale deed dated 17.9.2001 executed by the first defendant in favour of defendants 2 and 3; for recovery of possession an d for other reliefs. The first plaintiff, who is the husband of the second plaintiff, is an employee of the first defendant. Admittedly, there is an agreement called housing loan agreement to which the first defendant a the “lender” (Party of the first part); second plaintiff as the “Borrower” (Party of the third part) and the first plaintiff as the “Guarantor” (Party of the second part) are parties. This agreement admittedly relates to the housing loan availed of by the plaintiffs. It appears that ther e is a default in repayment of the loan amount. It is the case of the first defendant that when the first plaintiff was under their employment stationed at Pondicherry, h












Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top