MADRAS HIGH COURT
IDFC Bank/Capital First – Appellant
Versus
Mrs.Priya Rajan and 10 others – Respondent
A.Nos.2888, 2948 and 4546 of 2021
and 385 of 2022
in C.S.No.178 of 2021
A.Nos.2888, 2948 and 4546 of 2021
and 385 of 2022
in
C.S.No.178 of 2021
Orders Reserved on
:
2.3.2022
Orders Pronounced on
:
17.08.2022
P.VELMURUGAN, J.
The defendants 2, 3, 5 and 9 have filed these applications under Section 8
of the Arbitration and Conciliation Act, 1996 to refer the parties to arbitration in
respect of the dispute that arose in the Loan Agreements.
2. Though the cause of action is different, the applicants 1 and 2 have filed
a common suit against the respondents. Further, each loan agreement mentions an
arbitration clause. Therefore, by invoking Section 8 of Arbitration and Conciliation
Act, the applicants seek indulgence of this Court to refer the matter to arbitration.
3.The learned counsel for the applicants/defendants 2, 3, 5 and 9 submitted
1/7
https://www.mhc.tn.gov.in/judis
A.Nos.2888, 2948 and 4546 of 2021
and 385 of 2022
in C.S.No.178 of 2021
that the respondents 1 and 2 herein/plaintiffs 1 and 2 are none other than the wife
and son of the tenth defendant respectively. The only allegation of the respondents
1 and 2 herein is that they have not availed any loan
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