INDUSIND BANK LTD. Vs. K. NACHIMUTHU

JUDGEMENT

(1.) The Petitioner/Defendant has focussed the instant Civil Revision Petition as against the Order dated 01.10.2012 in I.A.No.999 of 2010 in O.S.No.84 of 2010 passed by the learned District Munsif, Sankagiri in dismissing the Application.

(2.) Being dissatisfied with the Order of dismissal dated 01.10.2012 in I.A.No.999 of 2010 in O.S.No.84 of 2010 passed by the Trial Court, the Revision Petitioner/Defendant has projected the present Civil Revision Petition before this Court primarily contending that the Trail Court failed to appreciate that the I.A.No.999 of 2010 in O.S.No.84 of 2010 was filed by the Petitioner/Defendant in terms of the loan agreement dated 24.12.2007 entered into between the parties and further that the Civil Court's jurisdiction is ousted by virtue of the provisions of the Arbitration and Conciliation Act, 1996.

(3.) The Learned Counsel for the Petitioner/Bank urges before this Court that the Trial Court had overlooked a vital fact that the relief sought for in the main suit as well as the cause of action paragraph mentioned in the Plaint relates to an arbitral dispute covered under the loan agreement dated 24.12.2007.