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2019 Supreme(Mad) 1343

R.SUBBIAH, KRISHNAN RAMASAMY
Moona Abousher – Appellant
Versus
Cholamandalam DBS Finance Ltd. – Respondent


Advocates Appeared:
For the Appellant :P. Wilson, Senior Counsel, R. Krishna Kumar, Advocate.
For the Respondent:R. Uma Shankar for M/s. Sri & Shankar Associates, Arbitrator, Geetha Ramaseshan, Advocates.

JUDGMENT :

R. Subbiah, J.

(Prayer: Original Side Appeal filed under Order 36 Rule 1 of the Original Side Rules, against the order dated 12.01.2016 passed by the learned Single Judge in O.P.No.24 of 2014 on the file of this Court.)

This Original Side Appeal (O.S.A) has been filed against the order dated 12.01.2016 passed by the learned Single Judge in dismissing O.P.No.24 of 2014 filed by the appellant herein to set aside the award dated 06.10.2010 passed by the second respondent-Arbitrator.

2. Brief facts which are necessary to decide the issue raised in this appeal, are as follows:

(a) The property bearing Door Nos.28/1 and 28/2 originally belonged to the appellant's father, namely Ameen Abousher. The appellant's father gifted a part of the above property bearing Door No.28/1, Hains Road, Bangalore, measuring an extent of 2207 Sq.Ft. consisting of ground and first floors on 26.07.2005, registered as Document No.1906 of 2005 on the file of the SRO, Bangalore, in favour of the appellant.

(b) The appellant and her father have applied for a loan from Cholamandalam DBS Finance Limited, the first respondent herein, for meeting out their personal and family expenses. The first respondent grant






































































































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