V.RAMASUBRAMANIAN
L&T Finance – Appellant
Versus
J. K. S. Constructions – Respondent
1. All these applications are filed under Section 9 of the Arbitration and Conciliation Act, 1996, praying inter alia for the appointment of Advocate Commissioners to seize and possess the hypothecated equipment and for the issue of a prohibitory order restraining the Garnishees from making payment to the borrower.
2. I have heard Mr.M.S.Krishnan, learned Senior Counsel for the applicant and Mr.K.Prahalad Bhat Ravi, learned counsel for the respondent.
3. The applicant, at various points of time, extended credit facilities to the respondent, for the purchase of machinery and equipment. Under one agreement dated 11.02.2010, bearing Deal No.549303, the applicant financed the purchase of one machine. The amount financed was re-payable in 36 monthly instalments commencing from March 2010 and ending in February 2013.
4. Under the second loan agreement dated 11.11.2010, bearing Deal No.646427, the applicant financed the purchase of two machinery and equipment and the amount financed was re-payable in 35 monthly instalments commencing from December 2010 and ending in October 2013.
5. Under the third loan agreement dated 13.12.2010, bearing Deal No.646428, the applicant financed the purcha
State Bank of India vs. S.B.Shah Ali {AIR 1995 AP 134}.
Mahabir Dass vs. Motibhai Narsibhai Patel {AIR 1971 Pat. 27}.
Gajraj Jain vs. State of Bihar {AIR 2004 SC 3392}.
Viswanathan vs. Abdul Wajid, AIR 1963 Sc 1
Mahabir Dass vs. Motibhai Narsibhai Patel {AIR 1971 Pat. 27}
Gajraj Jain vs. State of Bihar {AIR 2004 SC 3392}
Olympus Superstructures Pvt. Ltd vs. Meena Vijay Khetan {1999 (5) SCC 651}
L&T Finance Ltd vs. G.G. Granites {2013 (6) CTC 654}
Chiranjilal Shrilal Goenka vs. Jasjit Singh {1993 (2) SCC 507}
Afcons Infrastructure Ltd vs. Cherian Varky Construction {2010 (8) SCC 24}
Eureka Forbes Limited vs. Allahabad Bank {2010 (6) SCC 193}
Rehaboth Traders vs. Canara Bank {1998 (2) MLJ 318}
Md. Sultan vs. Firm Of Rampratap Kannyalal {AIR 1964 AP 201}.
Radhakrishnan vs. Madras People’s Bank Limited {AIR 1943 Mad. 73}
Garlapati Ramanaiah Naidu vs. L&T Finance Ltd {2012 (5) CTC 172}
Booz Allen and Hamilton Inc vs. SBI Home Finance Ltd {2011 (5) SCC 532}.
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