R.BANUMATHI,J

1. Being aggrieved by dismissal of application [A.No.5363 of 2010] filed under Section 9 of Arbitration and Conciliation Act and declining to grant pro-order prohibiting the Garnishee/2nd Respondent from making payment to the 1st Respondent-Mir Ali, Appellant-M/s.Sundaram BNP Paribas Home Finance Limited has filed this appeal.

2. Brief facts are that Appellant sanctioned housing loan to the 1st Respondent for a sum of Rs.44 lakhs which is repayable with variable interest at 12.75% per annum. 1st Respondent had entered into loan agreement on 30.01.2010. To secure the loan, 1st Respondent had also executed promissory note dated 30.01.2010 for a sum of Rs.44 lakhs. One Tasleem Fatima joined as co-borrower of the loan. A mortgage deed was also executed mortgaging the house property purchased. Case of Appellant is that 1st Respondent had committed default in payment of instalments for more than 90 days. Therefore, the said loan account of the 1st Respondent was declared as Non-Performing loan on 30.06.2010. Further case of Appellant is that as on 20.09.2010, a sum of Rs.46,83,533/-was due and liable to be paid by the 1st Respondent and the co-borrower under th