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2003 Supreme(Mad) 573

K.GOVINDARAJAN
Hairtha Finance Ltd. – Appellant
Versus
ATV Projects India Ltd. – Respondent


Advocates Appeared:
Mr.M.S. Krishnan for M/s Sarvabhuaman Associates, Radhika Krishnan and P.T. Asha Advocate for Applicant. Mr. M. Kempraj and Mr. V. Rangarajan for Respondent.

Judgment :

1. This Application is filed under Section 9 (ii) (a), (b), (c) and (e) of the Arbitration and Conciliation Act stating that the Applicant-Company has entered into a lease agreement dated 8.9.1993 with the respondent-company with respect to equipment. The said lease agreement dated 8.9.1993 was assigned under the deed of assignment dated 30.7.1998 to M/s TVS Lakshmi Credit Limited. To the said agreement the respondent is also a signatory and thereby they agreed that the original agreement dated 8.9.1993 would hold good and continue to be in the hands of the assignee, M/s TVS Lakshmi Credit Limited. By an order dated 31.7.1999 in C.P.Nos.141 and 142 of 1999, M/s TVS Lakshmi Credit Ltd., was amalgamated with the Applicant's Company. Referring to Clause 31 which provides that all disputes, differences and claims and questions have to be resolved by referring the same to the Arbitrator, it is stated that they have referred the dispute to the Arbitrator. It is also stated that the respondent-company was declared as a sick company by the B.I.F.R. On the basis of these averments, the Applicant has come forward with this Application to appoint an Advocate-Commissioner to seize wi






































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