INDUSIND BANK LIMITED Vs. DINESH KUMAR GOYAL

JUDGEMENT

(1.) The defendant-Bank is in the revision petition against the order passed by the learned trial Court dated 10.02.2015, dismissing the application filed under Section 8 of the Arbitration and Conciliation Act, 1996.

(2.) It is undisputed that the agreement between the parties contained a Clause for resolution of any dispute between the parties through the arbitration. In the present case, the dispute was referred and the arbitration award came to be passed against the plaintiff. It is further not in dispute that during the arbitration proceedings, the application under Section 9 of the Arbitration and Conciliation Act, 1996 was filed by the Bank and as per the orders, the possession of the vehicle was taken over.

(3.) The respondent-plaintiff filed a suit for permanent injunction seeking restraint order against the defendant from interfering in the peaceful operation of the commercial vehicle and also from snatching the same forcibly, illegally and unlawfully and also from recovery of the amount.