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2012 Supreme(Mad) 3196

ARUNA JAGADEESAN
J. Mary Helan – Appellant
Versus
Lissy Biju – Respondent


Advocates Appeared:
For the Petitioner:D. Nallathambi, Advocate.
For the Respondent:Mrs. J. Padmavathi, Advocate.

Judgment

1. This Civil Revision Petition is filed against the order dated 6.4.2011 made in IA.No.604/2010 in OS.No.162/ 2010 by the learned District Judge, Kanyakumari at Nagercoil.

2. The Respondent herein has instituted a suit in OS.No.162/2010 on the file of the learned District Judge, Kanyakumari at Nagercoil for recovery of Rs.50/- lakhs from the Defendant with future interest at 12 per cent p.a. from the date of the plaint till the date of decree and at 6 per cent p.a. till realization. The claim of the Respondent/ Plaintiff is based on a Memorandum Of Understanding entered into between the Plaintiff and the Defendant which contained a clause that all the differences and disputes relating to the agreement arising out of the deed shall be resolved by arbitration under the Arbitration Act and the decision of the arbitration shall be final and binding on both parties. There was exchange of notices between the parties. According to the Respondent/Plaintiff, the Petitioner/ Defendant had no intention to perform the legal obligation under the agreement and it was reasonably felt that the Defendant has abandoned the agreement. In the said circumstances, the Respondent/ Plaintiff ha























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