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Madras High CourtArb Appln/22/2021dismissed

Mr.J.Arivarasan Vijay v. The Branch Manager, State Bank Of India, Bharathi Nagar Branch And Another

2021-07-12Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 12TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR Arb Appln No.22 of 2021 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between the applicant and the respondent in hypothecation of vehicle TN07 CP MR.J.ARIVARASAN VIJAY S/o.A.Jayaseelan, 2nd Floor, Door No.18D, 1st Street, 2nd Main Road, Govinda Nagar, Palavakkam, Chennai - 600 041, Currently residing at 3S1, 3/546B, MKRS Flats, JP Narayanan Salai, Jaishankar Nagar, Palavakkam, Chennai 600 041.

..Petitioner /Applicant -Vs1. THE BRANCH MANAGER, STATE BANK OF INDIA, BHARATHI NAGAR BRANCH, Velacherry, Chennai - 600 042.

2. THE CHIEF MANAGER (MAINTENANCE) State Bank of India, (RACPC), OMR NO.4/952, 4/952A, 3rd Floor, Rajiv Gandhi Salai, Perungudi, Chennai - 600 096.

..Respondents/Respondents

Application praying that this Hon'ble Court be pleased to pass an order to dispense with the production of the copy of arbitration agreement executed between applicant and respondent's bank. This arbitration Application coming on this day before this court for hearing the court made the following order:

This application has been filed to dispense with the production of a copy of the arbitration agreement executed between the applicant and the respondent bank.

2. There is no representation for the applicant.

3. The learned counsel for the first respondent bank submitted that the vehicle concerned in this matter has been seized as early as on 25.03.2021 and there is no clause in the agreement to refer the matter to arbitration and the bank has already initiated proceedings under the SARFAESI Act.

4. Having regard to the above submissions and as there is no representation for the applicant, this application is dismissed. Sd/.N.S.K.J.

12.07.2021 //Certified to be a true copy// Dated this the th day of 2021. SU/28.07.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.