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MADRAS HIGH COURT
IDFC Bank/Capital First – Appellant
Versus
Mrs.Priya Rajan and 10 others – Respondent


Advocates:
['M/s D PRADEEP KUMAR', '', 'N SANTHOSH NAGARAJAN-MS', 'R THIRUPURASUNDARI-MS', 'AOS & COUNTER FILED D NO', 'DT']

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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