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2020 Supreme(Mad) 2210

N.SATHISH KUMAR
Flywheel Logistics Solutions Pvt. Ltd. – Appellant
Versus
Hinduja Leyland Finance Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Abishek Jebaraj
For the Respondent: V. Balasubramani and Sharath Chandran, Amicus Curiae

JUDGMENT :

N. Sathish Kumar, J.

1. These Civil Miscellaneous Appeals have been filed challenging the interim Orders passed by the learned arbitrator to seize the vehicles.

2. Since, the dispute is said to have been arisen in hire purchase agreements, in respect of around 28 trucks, entered between the parties on 30.09.2017 and the fact that in all the appeals, similar disputes have arisen out of the hire purchase agreements, though styled as a different contract, as the matter involves one and same and similar to each other, this Court is inclined to dispose of all the appeals in a Common Judgment.

3. These Civil Miscellaneous Appeals have been filed challenging the Order of the learned arbitrator under section 17 of the Arbitration and Conciliation Act to seize the vehicle.

4. Brief facts leading to filing of these appeals are as follows:

    The appellant by various loan agreements dated 30.01.2017 has availed loan to purchase vehicles from the respondent. As there was default in repayment of the instalments, the respondents invoked arbitration clause provided under the agreement. Acco

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