JOTHI RAMALINGAM Vs. AXIS BANK LTD

JUDGEMENT

(1.) This Original Petition has been filed, challenging the award passed by the learned Arbitrator / second respondent for an amount of Rs.3,36,102/- (Rupees Three Lakhs Thirty Six Thousand One Hundred and Two Only) with interest at the rate of 18% per annum.

(2.) The brief facts leading to file this Original Petition is as follows;

(3.) The main contention of the learned counsel for the petitioner is that, though Clause 14 of the Loan Agreement shows that the arbitration proceedings shall be held at Mumbai / Delhi / Chennai / Koltaka, it cannot be said that the arbitration can be held at any other place because the entire cause of action arose only at Chennai. It is her further contention that the preliminary objections raised by the petitioner to the venue of arbitration has also not been properly dealt with by the learned Arbitrator and no opportunity whatsoever given. Hence, submitted that the entire award is liable to be set aside. In support of her submissions, the learned counsel has relied upon the judgment of the Hon'ble Division Bench of this Court in CENTRAL WAREHOUSING CORPORATION vs. A.S.A.TRANSPORT, 2008 1 LW 640, a learned single Judge of this Court in C.R.P.(PD)(MD)No.2034 of 2008 dated 23.07.2009 [THE METAL POWDER COMPANY LIMITED vs. THE GENERAL MANAGER] and the Hon'ble Supreme Court in SANSHIN CHEMICALS INDUSTRY vs. ORIENTAL CARBONS & CHEMICALS, 2001 3 SCC 341.