Madras High CourtA/1411/2019allowed

K.Eswaran S/O.Kandasamy v. The Authorized Officer

2019-02-27Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 27TH DAY OF FEBRUARY 2019 THE HON'BLE MR.JUSTICE R.SURESH KUMAR A.Nos.1411 and 1412 of 2019 K.Eswaran, M/a.39 Years S/o.Kandasamy No.1-29, 1-30, North Street Kattukottai Village and Post Attur Taluk,Salem District - 636 121 ...Applicant/Applicant -Vs1.The Authorized Officer M/s.Indus Ind Bank Limited Consumer Finance Division Old No.115, New No.34 G.N.Chetty Road, T.Nagar Chennai - 600 017.

2.Mr.Gopalakrishnan Branch Manager M/s.Indus Ind Bank Limited No.4/33, Salem - Cuddalore Main Road Vinayagapuram Attur, Salem District - 636 102

...Respondents/Respondents

A.No.1411 of 2019:

Application praying that this Hon'ble Court be pleased to pass an order to dispense with the production of the copy of the agreement took place between me and the respondents in respect of Loan No.TAR00625D in respect of the vehicle bearing Registration No.TN-77-K4246. A.No.1411 of 2019:

Application praying that this Hon'ble Court be pleased to pass an order to dispense with the production

of the copy of the agreement took place between me and the respondents in respect of Loan No.TAR00552D in respect of the vehicle bearing Registration No.TN-77-F4546. These Applications coming on this day before this Court for hearing the court made the following order: Heard the learned counsel for the applicant as well as the learned counsel for the respondent. These applications have been filed to dispense with the copy of the agreement, where the clause for arbitration is available.

2. Though these applications have been filed by the applicant, today the learned counsel for the respondent has filed a copy of the loan agreement in respect of Application No.1411 of 2019, wherein Clause 23, the arbitration clause is available. Similar agreement has been entered into between the parties in the other application also.

3. Be that as it may. Learned counsel for the respondent fairly submitted that since the agreement copy has been produced by them, though the same was not readily available with the learned counsel for the applicant, the production of the agreement copy can be dispensed with.

4. In view of the said submission by the learned counsel for the respondent, these two applications are ordered as prayed for. Registry is directed to number the main application and post before this Court on 01.03.2019.

Sd/.R.S.K.J.

27.02.2019 //Certified to be a true copy// Dated this the th day of 2019. DL/28.02.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.