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2024 Supreme(Mad) 2697

IN THE HIGH COURT OF JUDICATUE AT MADRAS
ABDUL QUDDHOSE
Raja Ram – Appellant
Versus
Shriram Transport Finance Company Ltd. – Respondent


Advocates Appeared:
For the Appellant : D. Ferdinand
For the Respondent: Peer Mohamed

JUDGMENT :

ABDUL QUDDHOSE, J.

1. This appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (in short “the Act”) challenging the order of attachment passed by the Arbitral Tribunal under Section 17 of the Act.

2. In the arbitration, the appellants herein are the respondents and the first respondent herein is the claimant.

3. The appellants had availed loan from the first respondent for the purchase of a vehicle and they had agreed to repay the loan in installments as per the loan contract.

4. According to the first respondent, the appellants had committed default in the repayment of the loan. There is an arbitration clause contained in the loan contract. The first respondent had initiated arbitration in accordance with the arbitration clause. During the pendency of the arbitration, the first respondent filed an application under Section 17 of the Act before the Arbitral Tribunal seeking for attachment of the property owned by the appellants. Under the impugned order, the Arbitral Tribunal had ordered attachment of the property owned by the appellants, which is challenged in this appeal.

5. According to the appellants, the first respondent had sold the repos

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