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2014 Supreme(Mad) 298

V.RAMASUBRAMANIAN
L&T Finance – Appellant
Versus
J. K. S. Constructions – Respondent


Advocate Appeared
For the Applicants:M.S. Krishnan, S.C. for Ramesh Madhavan Iyer, Advocates.
For the Respondents:K. Prahalad Bhat Ravi, Advocate.

ORDER

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



















































































































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