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2021 Supreme(Mad) 2688

V.PARTHIBAN
V. K. Senthilkumaran – Appellant
Versus
Shriram Transport Finance Company Ltd. , Chennai – Respondent


Advocates Appeared:
For the Appellant :Sharath Chandran, Advocate.
For the Respondents:B. Logesh, Advocate.

JUDGMENT

1. In all the above Original Petitions (O.Ps), appointment of Arbitrator, vide reference dated 30.12.2019 by the first respondent, is put to challenge on two grounds, that, one the same is illegal and void in terms of the provisions of the Arbitration and Conciliation Act, 1996, and also in view of the law laid down by the Honourable Supreme Court of India on the subject matter. According to the petitioner, the arbitration clause in the agreement is against the principles laid down by the Supreme Court of India in the cases reported in 2019 SCC OnLine SC 1517 (Parkins Eastman Architects DPC and another Vs. HSCC (India) Limited) and 2021 (5) SCC 738 (Bharat Sanchar Nigam Limited Vs. Nortel Networks India Private Limited). Hence, unilateral appointment of arbitrator P.Rosaiah, is in contravention of the provisions of the said Act and also the said decisions of the Supreme Court.

2. Short facts which gave rise to the filing of the present Original Petitions (O.Ps) are that the petitioner has approached the first respondent- Company for the vehicle loan facility which was executed by them on 19.03.2013 (in O.P.No.360 of 2021), 16.03.2013 (in O.P.No.361 of 2021) and 20.03.2013 (i

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