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2021 Supreme(Mad) 2576

V.PARTHIBAN
EMI Infrastructure Private Limited, Represented by its Finance Controller, Chennai – Appellant
Versus
Shriram Transport Finance Company Ltd. , Chennai – Respondent


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

JUDGMENT

1. In all the above Original Petitions (O.Ps), appointment of Arbitrator by the first respondent, is put to challenge on the ground that 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 case reported in 2019 SCC OnLine SC 1517 (Parkins Eastman Architects DPC and another Vs. HSCC (India) Limited). Hence, unilateral appointment of arbitrator P.Rosaiah, is in contravention of the provisions of the said Act and also the said decision of the Supreme Court.

2. Short facts which gave rise to the filing of the present Original Petitions (O.Ps) are that the petitioners have approached the first respondent- Company for a vehicle loan facility. A loan agreement was entered into between the parties on 13.02.2019 and loans were advanced by the first respondent-Company to the petitioners repayable by 60 monthly instalments. Dispute arose under the agreement on the alleged non-payment of the loan

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