Dhanasekaran M v. Axis Bank Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Dhanasekaran M S/o Murugesan, No.30/82, 3rd Main Road, Nehru Nagar, Kattivakkam, Ennore, Chennai - 600057 Petitioner(s) Vs

1. Axis Bank Ltd Chennai Circle Office, 2nd Floor, No. 3, Club House Road, Chennai 600 002.

2.Mr. K. Suresh Kumar Operations Head Of Axis Bank, Chennai Main Branch No. 82, Dr Radhakrishnan Salai, Mylapore, Chennai 600 004 3.Mrs. V. Shalini Arbitrator No.650, W Block, Model Lane Housing Board, Cemetery Road, Chennai 600 021 4.M/s Chamber Of Arbitration And Mediation (cam) No.9, Eldams Square, 167 Eldams Road, Alwarpet, Chennai - 600 018

5.Reserve Bank Of India Fort Glacis, 16 Rajaji Rd, Fort St George, Chennai - 600001 6.M/s Tvs Credit Services Limited Chaitanya, No.12, Khader Nawaz Khan Road, Nungambakkam, Chennai - 600 006 And Customer Correspondence Office At 3rd Floor, Bristol Towers, Plot No.10, South Phase Thiru-vi-ka Industrial Estate, Adjacent To Maruti Service Masters, Guindy, Chennai 600 032 Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus i)directing the 5th respondent to direct the 1st Respondent to immediately unfreeze my bank account bearing Account Number 911010016140653 or,ii) Direct the 5th Respondent to frame and implement binding guidelines preventing banks from freezing account as an arbitral action and pass orders. For Petitioner(s): Mr.Antony R.Julian For Respondent(s):

Mr.Aiyar and Dolia for R5

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 5th respondent to issue direction to the 1st

respondent to defreeze the bank account of the petitioner. 2.

This Court has carefully considered the submissions made by the learned counsel appearing for the petitioner and the materials available on record.

3.

The petitioner is aggrieved by the order passed by the Arbitral Tribunal in IA No.2056 of 2025 dated 26.06.2025 wherein the 6th respondent has straight away appointed an arbitrator and the Arbitrator has passed an order by directing the bank account maintained by the petitioner in the 1st respondent bank to be freezed. According to the petitioner, this procedure adopted is illegal and the 6th respondent has unilaterally appointed an arbitrator and such an order has been passed.

4.

In the considered view of this Court, the grounds that have been raised by the petitioner deserves consideration. However, it cannot be dealt with in a writ petition under Article 226 of Constitution of India. The Arbitral Tribunal will also come within the superintendence of the High Court under Article 227 of the Constitution of India. Therefore, if there is a patent illegallity and

the process of Arbitration is being misused for the purpose of freezing the bank account of the petitioner and that too with the aid of an arbitrator, who was unilaterally appointed by the 6th respondent, it will run counter to the judgement of the Constitution bench in [Central Organisation for Railway Electrification Vs. ECI Spic SMO MCML (JV) A joint Venture Company] reported in 2025 1 MLJ 289. Hence, liberty is granted to the petitioner to file an appropriate petition before the appropriate forum and work their remedy in the manner known to law.

5.

This writ petition is disposed of in the above terms. No costs.

25-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Axis Bank Ltd Chennai Circle Office, 2nd Floor, No. 3, Club House Road, Chennai 600 002.

2.Mr. K. Suresh Kumar Operations Head Of Axis Bank, Chennai Main Branch No. 82, Dr Radhakrishnan Salai Mylapore, Chennai 600 004 3.Mrs. V. Shalini Arbitrator No.650, W Block, Model Lane Housing Board, Cemetery Road, Chennai 600 021 4.M/s Chamber Of Arbitration And Mediation (cam) No.9, Eldams Square, 167 Eldams Road, Alwarpet, Chennai - 600 018 5.Reserve Bank Of India Fort Glacis, 16 Rajaji Rd, Fort St George, Chennai - 600001 6.M/s Tvs Credit Services Limited Chaitanya, No.12, Khader Nawaz Khan Road, Nungambakkam, Chennai - 600 006 And Customer Correspondence Office At 3rd Floor, Bristol Towers, Plot No.10, South Phase Thiru-vi-ka Industrial Estate, Adjacent To Maruti Service Masters, Guindy, Chennai

N.ANAND VENKATESH J.

rka 25-08-2025