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2022 Supreme(Mad) 3979

M. SUNDAR
Daimler Financial Services India Private Limited – Appellant
Versus
Sant Kumar Sharma – Respondent


Advocates Appeared:
For the Petitioner: Mr. D. Pradeep Kumar.
For the Respondents: Mr. N. Krishnakumar.

ORDER :

Captioned 'Arbitration Original Petition' [hereinafter 'Arb. OP' for the sake of brevity and convenience] has been presented in this Court on 10.12.2021 with a prayer for appointment of a sole Arbitrator.

2. Captioned Arb. OP has been presented in this Court under Section 11 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity].

3. On 21.01.2022, Hon'ble predecessor Judge issued notice to the two respondents, both respondents have since been duly served and they have entered appearance through one set of counsel.

4. Mr. D. Pradeep Kumar, learned counsel on record for sole petitioner and Mr. N. Krishna Kumar, learned counsel on record for both respondents are before this Court.

5. Captioned Arb. OP is predicated on a 'loan agreement dated 22.12.2017 bearing contract Nos. 20136579 & 20136580' [hereinafter 'primary contract' for the sake of convenience and clarity].

6. This Court is informed that two vehicles were financed by the petitioner under primary contract. The petitioner submits that there is default in repayment but this is disputed by the respondents. To be noted, this is the crux and gravame

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