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2011 Supreme(Mad) 3779

V.RAMASUBRAMANIAN
Kotak Mahindra Bank Ltd. rep. by B. Muthu Kumar, Senior Manager-South – Appellant
Versus
Sivakama Sundari S Narayana S B Murthy – Respondent


Advocates appeared:
For the Petitioner:S. Saravanan, Advocate.
For the Respondent:K. Rajendra Prasad, Advocate.

JUDGMENT :-

1. The civil revision petition arises out of a docket order passed by the X Assistant Judge, City Civil Court, Chennai, in an unnumbered execution petition, calling upon the petitioner to get the arbitration award secured by them, transmitted from the appropriate Court, so as to enable the X Assistant Judge, to entertain the execution petition.

2. Heard Mr.S.Saravanan, learned counsel for the petitioner and Mr.K.Rajendra Prasad, learned counsel for the respondent.

3. The respondent holds a credit card issued by the petitioner herein. On the ground that certain amounts are due from the respondent, the petitioner raised a dispute and the same was referred to arbitration before a sole Arbitrator nominated by the petitioner at Mumbai. The respondent was set exparte and an award was passed by the Arbitrator on 29.01.2010.

4. Thereafter, the petitioner filed an execution petition before the X Assistant Judge, City Civil Court, Chennai, for executing the award, in view of the fact that the respondent resides within the jurisdiction of this Court. But, the said execution petition was returned by the X Assistant Judge, City Civil Court, calling upon the petitioner to explain as t








































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