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2024 Supreme(Online)(MAD) 20503

HIGH COURT OF MADRAS
Honourable Mr Justice KRISHNAN RAMASAMY
Mercedes-Benz – Appellant
Versus
Abhinav Constructions – Respondent


ORDER

This Arbitration Original Petition has been filed under Section

11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the Act') to appoint an Arbitrator to adjudicate upon the differences and disputes between the parties under the said Loan cum Hypothecation cum Guarantee Agreement dated 31.10.2019 along with Supplemental Agreements dated 13.10.2021 & 16.06.2023 in respect of contract bearing Nos.20144841, 20144842, 20144843, 20144844, 20144845 and 20144846.

2. The learned counsel for the petitioner submitted that, the petitioner-

company is rendering financial assistance for its prospective commercial business as well as individual customers i.e., by loan cum hypothecation agreement. The respondents have approached the petitioner-company for loan facility for the purpose of purchasing a vehicle viz., Bharat Benz BB HDT 2528C 16 cum vehicle. The first respondent as borrower along with the second respondent as co-borrower and third respondent as Guarantor entered into a Loan cum Hypothecation cum Guarantee Agreement dated 31.10.2019 and supplemental agreements dated 13.10.2021 & 16.06.2023 with the petitioner. Pursuant to which, the aforesaid agreements

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