S.RAMESH Vs. KOTAK MAHINDRA BANK LTD

JUDGEMENT

(1.) Mr.B.Siddeswaran learned counsel on record for the applicant is before this Court. Instant application has been filed under Section 9(1)(ii)(a) of 'The Arbitration and Conciliation Act, 1996' (hereinafter 'A and C Act' for brevity).

(2.) The case of the applicant as can be culled out from the case file placed before this court, more particularly, from the affidavit filed in support of instant application and from the submissions made by learned counsel for applicant is that the nucleus of the application is a 'loan agreement bearing No.CV2882167 dated 28.04.2015' (hereinafter the 'said loan agreement' for the sake of brevity, clarity and convenience). It is submitted that the applicant has taken a loan qua a 'truck bearing registration no.TN-28-AJ-5257' (hereinafter 'said truck' for the sake of brevity, clarity and convenience).

(3.) It is submitted that there is an arbitration clause in said loan agreement and therefore, there is an arbitration agreement between the applicant and the respondent being an arbitration agreement within the meaning of Section 7 of the A and C Act.