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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

THURSDAY, THE 10TH DAY OF MARCH 2022

THE HON'BLE MR. JUSTICE M. SUNDAR

O.P.No. 424 of 2021

and

A.No. 2012 of 2021

and

Arb.Appln.No. 28 of 2021

O.P.No. 424 of 2021 and

A.No. 2012 of 2021 :-

In the matter of Arbitration and

Conciliation Act, 1996

and

In the matter of Loan Agreement

No.M009300083/ Volvo FMX - 440

dated 30.06.2017

1. M/s.Coronation Infrastructure Pvt. Ltd.,

The Mira Corporate Suits,

E01 & 2, Ishwar Nagar, Sriniwaspuri,

South Delhi, New Delhi - 110 065.

2. Mr.Ranjit Singh Atwal (M/58 years)

S/o.Sh.Surinder Singh Atwal,

A - 18, Niti Bagh, Andrewsganj,

South Ext - II, Delhi - 110 049,

New Delhi.

3. Mr.Surinder Singh Atwal,

S/o.Late G.S.Atwal,

A - 18, Niti Bagh, Andrewsganj,

South Ext - II, Delhi - 110 049,

New Delhi.

... Petitioners/Applicants

https://hcservices.ecourts.gov.in/hcservices/

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- Vs -

1. Sundaram Finance Ltd.,

No.21, Patullos Road, Chennai - 600 002

Rep. by Mr.Sri Krishna, Senior Manager (Legal)

2. Mr.K.Balasubramanian (B.A.B.L.),

Retired District Judge and Retired Registrar General, High Court,

No.52/33A, Jeevan Bhima Nagar (LIC Colony),

Anna Nagar West Extension,

Chennai - 600 101.

... Respondents/Respondents

O.P.No. 424 of 2021 :-

Original Petition praying that this Hon'ble Court be pleased to pass an

order :

(a) Declaring the mandate of the 2^nd Respondent as the sole arbitrator

is terminated in respect of the arbitration proceedings between the

Petitioners and the 1^st Respondent arising out of Loan Agreement

No.M009300083.

(b) Directing the Respondents to pay the costs of these proceedings.

A.No. 2012 of 2021 :-

Application praying that this Hon'ble Court be pleased to pass an

order to stay all further proceedings now pending before the 2nd

Respondent in respect of the arbitration proceedings between the Petitioners

and the 1st Respondent arising out of Loan Agreement

No.M009300083/Volvo FMX 440 dated 30/06/2017.

https://hcservices.ecourts.gov.in/hcservices/

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Arb.Appln.No. 28 of 2021 :-

In the matter of Arbitration and

Conciliation Act, 1996

and

In the matter of Arbitration of dispute

between – M/s. Sundaram Finance

Limited – and – M/s.Coronation

Infrastructure Pvt. Ltd and Others –

Loan Agreement No : M009300083;

dated 30.06.2017.

Sundaram Finance Ltd.,

No.21, Patullos Road, Chennai - 600 002

Rep. by its Assistant General Manager – Legal,

Mr. Aluru Sri Krishna.

... Applicant/1^st Respondent

-Vs-

M/s.Coronation Infrastructure Pvt. Ltd.,

The Mira Corporate Suits,

E01 & 2, Ishwar Nagar, Sriniwaspuri,

South Delhi, New Delhi - 110 065.

... Respondent / 1^st Petitioner / 1^st Applicant

Arbitration Application praying that this Hon'ble Court be pleased to

appoint Mr. A.N. Kasinath, Manager – ARC, of the applicant having office

at Plot No-A/108, Second Floor, Banadev Bhawan, Saheed Nagar,

BHUBANESWAR – 751007, Odisha as the Receiver to take custody of the

vehicles morefully described in the Schedule to the Judge's Summons, from

the respondent or wherever it is found and deliver it to the applicant with

liberty to sell and to permit the advocate commissioner to obtain Police aid

and to break open the premises within which the said vehicles are lying.

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SCHEDULE

Details of Vehicles

3. Nos. VOLVO CV TIPPERS bearing

SI.No:

CHASSIS NO:

ENGINE NO:

REGISTRATION NO:

1

923909

495319

JH 09 Y 4412

2

923908

495339

JH 09 Y 5052

3

923907

495325

JH 09 Y 2916

This Original Petition along with these applications coming on this

day before this court for hearing in the presence of M/s. Deepika Murali,

Advocate for the Petitioners in O.P.No.424 of 2021 and the applicants in

A.No.2012 of 2021 and the respondent in Arb.Appln.No.28 of 2021, and

Mr.R.Uma Shankar, For M/s. Sri and Sankar Associates (Law Firm)

Advocates for the Respondents in O.P.No.424 of 2021 and A.No.2012 of