UTTAM MONDAL Vs. KOTAK MAHINDRA BANK LTD

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the order no.21 dated August 28, 2006 passed by the learned Judge, City Civil Court, Third Bench, Calcutta in Title Suit No.163 of 2006.

(2.) The plaintiff instituted the suit for declaration, permanent and mandatory injunction stating, inter alia, that he is a registered owner of a motor vehicle under the registration no.WB 19-6763. The plaintiff purchased the said vehicle upon taking a loan from the defendant/opposite party upon execution of different papers. The said loan was duly repaid by the plaintiff. Thereafter, the plaintiff took another loan of Rs.2,25,000/- to be paid by 23 monthly instalments commencing from July, 2004. The plaintiff repaid loan up to 17 th instalment but he could not repay the balance instalemnts starting from 18 to 23 rd instalments. Thus, the total dues to be recovered from the plaintiff were to the extent of Rs.68,000/-. But all of a sudden, on February 4, 2006 the defendant / opposite party herein forcibly seized the said vehicle at Thakurpukur. For that reason, the plaintiff / petitioner filed the said suit for the reliefs already stated.

(3.) The defendant entered appearance and at the initial stage it filed an application under Section 5 & 8 of the Arbitration and Conciliation Act, 1996 contending, inter alia, that since there is a clause for arbitration, the suit in the present form is not maintainable at all. Accordingly, prayed for dismissal of the suit.