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2025 Supreme(Online)(Ker) 55686

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
CHERAMAN FINANCIAL SERVICES LIMITED – Appellant
Versus
RESERVE BANK OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Joy Thattil Ittoop, Sri.Bijish B.Tom, Sri.A.G.Aditya Shenoy, Smt.Nevis Cassandra, L Caxton Loretta, Smt.Baby Sonia, Shri.Krishna Kumar T.K., Shri.Karun Mahesh, Smt.Megha Joseph, Sri.Govind Vijayakumaran Nair, Smt.Roshni Manuel, Smt.Kalyani Nandagopal, Smt.Agnes Sabu
For the Respondents: None

JUDGMENT

P.V.BALAKRISHNAN,J This intra court appeal is filed by the petitioner in W.P.(C) No.20337/2025 challenging the judgment dated 18.7.2025 dismissing the writ petition.

2. The appellant/writ petitioner is a company promoted by the Kerala State Industries Development Corporation and it is involved in the business of providing financial services, carrying out equipment leasing and hire purchase finance activities. When the “Hirer” and 'Guarantors' committed default in payment of hire purchase rentals, a dispute arose between the appellant and the “Hirer” and “Guarantors”. Accordingly, as per the Arbitration Clause in the agreement, the appellant filed an Arbitration Request as AR No.227 of 2023 before this Court seeking appointment of an Arbitrator for determining the dispute. The said Arbitration Request was allowed as per Ext.P1 judgment dated 21.2.2024. Consequently, the arbitration proceedings, as AC No.227/2023, commenced before the Arbitrator and the appellant filed a claim petition. During the course of the arbitration proceedings, the appellant also filed an application under Section 17 of the Arbitration and Conciliation Act (hereinafter referred to as 'the Act 'for sh

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