KOTAK MAHINDRA PRIME LIMITED Vs. M.MOHAN

JUDGEMENT

(1.) Challenging the order passed in I.A.No.14692 of 2013 in O.S.No.2201 of 2013 on the file of the II Assistant Judge, City Civil Court, Chennai, the defendant has filed the above Civil Revision Petition.

(2.) The respondent/plaintiff filed the suit in O.S.No.2201 of 2013 to direct the defendant to pay a sum of Rs.5,28,661/- together with interest towards the damages suffered by him.

(3.) The petitioner/defendant filed an application in I.A.No.14692 of 2013 under Section 8 of the Arbitration and Conciliation Act , 1996, to refer the relief sought for in the suit for arbitration by invoking Clause - 31 of the Loan Agreement dated 19.09.2011. The respondent/plaintiff filed his counter and opposed the petition stating that he had issued legal notices on many occasions and the petitioner/defendant never suggested the arbitration clause nor came forward to refer the same for arbitration. Further, the respondent/plaintiff has stated that the petitioner/defendant having failed to nominate an Arbitrator for adjudicating their claim, are taking a different stand now. Further, the respondent contended that his action cannot be adjudicated in an arbitral proceeding and only the Civil Court has jurisdiction to award damages.