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2024 Supreme(Online)(Ker) 72871

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
TRAVANCORE RURAL DEVELOPMENT PRODUCER COMPANY LTD. – Appellant
Versus
DIVYA LEKSHMI SANAL – Respondent


Advocates:
For the Appellants/Petitioners: P.PAULOCHAN, ANTONY, SREEJITH K.R., GIRISH

Table of Content
1. application for arbitration initiated. (Para 1 , 2)
2. no response from respondents. (Para 3)
3. counsel heard for applicant. (Para 4)
4. invalid unilateral appointment recognized. (Para 5 , 6)

ORDER

The applicant, a producer company, has filed this application under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an Arbitrator for the resolution of the dispute related to the non-payment of the loan availed by the 1st respondent, with respondents 2 and 3 as guarantors.

2. The 1st respondent is said to be a member of the applicant company who joined the Members Mutual Fund Scheme launched by the applicant. She is said to have availed a loan of Rs.2,93,000/- from the applicant company, with the 2nd and 3rd respondents as guarantors, after executing the necessary agreements in favour of the applicant company. The aforesaid agreements provided for the appointment of an Arbitrator at the instance of the applicant company in the event of any disputes with the company in connection with the repayment of the loan. Alleging that the respondents committed default in the repayment of the loan, the matter was referred to an Arbitrator unilaterally

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