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2018 Supreme(Mad) 652

M.VENUGOPAL, S.VAIDYANATHAN
R. Arun – Appellant
Versus
IndsInd Bank Limited – Respondent


Advocates Appeared:
For the Appellant :P. Ganeshamurthi, Advocate.
For the Respondent:S.R. Sundar, Advocate.

JUDGMENT :

M. Venugopal, J.

1. The Appellant/Petitioner has preferred the present Intra Court Original Side Appeal (As an aggrieved person) as against the Order dated 12.10.2017 in O.P.No.12 of 2013 passed by the Learned Single Judge in dismissing the Petition.

2. Earlier, the Learned Single Judge in O.P.No.12 of 2013 filed by the Appellant/Petitioner against the Respondent herein and others at Paragraph Nos.5 to 8 had observed the following and dismissed the Original Petition (filed under Section 34 of the Arbitration and Conciliation Act, 1996).

“5.Learned counsel appearing for the petitioner would submit that it is a case of possession having been taken by force. The claim statement was bereft of material particulars. There is nothing to indicate about the credit given to the payment made. In support of his contention, he has placed reliance on the following decisions:

(i) Manager, I.C.I.C.I. Bank Ltd., Vs. Prakash Kaur and Others (2007 (2) CTC 334)

(ii) K.Venkateswaran Vs. Sudheesh Kumar (2010-1L.W. 951)

6. This Court does not find any merit in this petition. This Court cannot treat this petition as an first appellate authority but go by the statute and the limitation prescribed under

























































































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