Madras High CourtA/841/2023ordered as prayed ofor

M/S. Moniva Sarkar, v. M/S. Kotak Mahindra Bank Ltd, Rep.By Its Authorised Signatory

2023-02-13Honourable Mr Justice Krishnan Ramasamy3 pages

A.No.841 of 2023 in Arb.O.P.DR.No.126773 of 2022 KRISHNAN RAMASAMY, J.

This Application has been filed for dispensing with the production of certified copy of the Arbitration Award dated 04.01.2021 made in Arbitration Case No.KB S EG14/2020, passed by the Arbitrator.

2. The learned counsel for the applicant submitted that the applicant has not availed any loan from the respondent Bank and she has not entered into any loan agreement as alleged by the respondent Bank. The applicant has no need to avail any loan at Chennai since she has been residing at Chandigarh for the past 10 years. The alleged Loan Agreement No.60607280 is a forged document. Actually, no loan transaction has been took place between applicant and respondent and the allegations levelled against the applicant are absolutely false. He further submitted that applicant came to know about the Ex-parte Award dated 04.01.2021 passed by the Arbitrator in Arbitration Case No.KB S EG14/2020 only upon receipt of notice dated 29.10.2022 in E.P.No.345 of 2021 from the District Court, U.T.Chandigarh.

After receiving the said notice, the applicant has applied for certified copy of the ex-parte Award dated 04.01.2021 before the District Court, U.T.Chandigarh, however, the same was returned with an endorsement, "Applied Document is an uncertified document and hence, the same cannot be supplied".

filed the above Arb.O.P.DR.No.126773 of 2022 before this Court, for setting aside the ex-parte award dated 04.01.2022, she is not in a position to produce the certified copy of ex-parte award dated 04.01.2022 along with the above Arb.O.P.DR.No.126773 of 2022. Therefore, the learned counsel prayed this Court to allow this application.

3. Considering the above submissions made by the learned counsel for applicant and also, having been satisfied with the reasons stated in the affidavit filed in support of the application, this Court is inclined to allow this Application. Accordingly, this Application is allowed and the production of certified copy of the Arbitration Award dated 04.01.2021 made in Arbitration Case No.KB S EG14/2020 passed by the Arbitrator is dispensed with for the present.

13.02.2023 mrr 2/3

KRISHNAN RAMASAMY, J.

mrr A.No.841 of 2023 in Arb.O.P.DR.No.126773 of 2022 13.02.2023 3/3