IIFL HOME FINANCE LTD – Appellant
Versus
PUNKAJ BHAGCHAND CHHALLANI & ORS – Respondent
JUDGMENT
1. The present petitions have been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the A&C Act’) seeking appointment of a sole arbitrator to adjudicate the disputes between the parties.
2. At the outset, it is noticed that the factual matrix is identical in these petitions and the petitioner (in each of the petitions) raises similar grounds of challenge against the common respondents. In the above circumstances, it is considered apposite to dispose of the petitions by way of a common order.
3. The present petitions have been filed in the backdrop of two Home Loan Agreements dated 31.03.2018, executed between the petitioner and respondents. In terms of the aforesaid agreements, the petitioner vide Loan Account Nos. 833321 (in Arb. P. 827/2024) and 830976 (in Arb. P. 828/2024) sanctioned Rs.1,24,00,000/- and Rs.2,76,00,000/- respectively, in favour of the respondents.
4. The said home loans were disbursed in favour of the respondents against mortgaged property bearing no.Flat No. 702, Area Admeasuring 272.31 sq. Mtrs., 7th Floor, Survey No. To 86/1/112, Cts No. 2024 Part, Bldg No. D, Montecito, Parvati, Pune, Maharashtra, 411009
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