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2025 DAILYLAW 36383 (AP)

SRINATHBABJI v. M/S KOTAK MAHINDRA BANK LTD

ARBAPPL/67/2023 · 2025-01-24

Dhiraj Singh Thakur

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION NO: 67 OF 2023 Between: 1. Srinathbabji, S/o. Sambasivarao, D.No 4-4-77 3, 1st Line Chandramouli Nagar, Guntur Post Md Dist Near ISt, Guntur-522006 2. Ankammarao Katakamsetty, D.No. 8-12-18/7, Guntur, Andra pradesh- 522002 ...APPLICANTS AND 1. M/s. Kotak Mahindra Bank Ltd, 8th Floor, TVH Agnitio Park, Zone.- 2, Old Mahabalipuram Road, Kandhanchavadi, Chennai-600096. 2. The Sole Arbitrator, Rep by J.Priya, No.6/14,loop Street,C.I.T Colony, Mylapore, Chennai-600004. ...RESPONDENTS Arbitration Application under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 R/w Section 3(i) (d) of the Scheme for appointment of Arbitrator as framed by the Hon’ble High Court of Amaravathi praying that the High Court may be pleased to a. Set aside the impugned orders vide A. C.P.No.KMBL/CV/3534038/1908 of 2022 and A.C.P.No.KMBL/CV/3907528/1924 of 2022 dated 30.12.2022 passed by the Ld. Sole Arbitrator, and b. Declare ail proceedings filed by the Respondent No.1 against the Applicant before the Ld. Sole Arbitrator, as non-est and all orders passed pursuant to them unenforceable, and c. Injunct the Respondent No.1 from taking possession of any of the Assets financed by the Respondent No.1. and d. To appoint a Sole Arbitrator under sections 11 (5) and (6) of the Arbitration and Conciliation Act, 1996 for adjudicating the disputes between the Applicant and the Respondent No. 1. e. to award costs of this application. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Set aside the impugned orders vide A.C.P.No.KMBL/CV/3534038/1908 of 2022 and A.C.P.No.KMBL/CV/39075 28/ 1924 of 2022 dated 30.12.2022 passed by the Ld.Sole Arbitrator, and Declare all proceedings filed by the Respondent No.1 against the Applicant before the Ld.Sole Arbitrator, as non estand all orders passed pursuant to the munenforceable and Injunct the Respondent No. 1 from taking possession of any of the assets financed by the Respondent and To appoint a Sole Arbitrator under sections 11 (5) and (6) of the Arbitration and Conciliation Act, 1996 for adjudicating the disputes between the Applicant and the Respondent No.1. to award costs of this application. to award costs of this application. Counsel for the Petitioner: SRI CHALLA AJAY KUMAR ADVOCATE FOR SRI KHAJA KHUTUBUDDIN SHAIK Counsel for Respondent No.1 : SRI KUNUKU RAJA SEKHAR The Court made the following ORDER : APHC010595582023 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-90 [3441] AT AMARAVATI B ARBITRATION APPLICATION NO: 67 of 2023 Srinathbabji and another ...Applicants Vs. M/s. Kotak Mahindra Bank Ltd. and another ...Respondents lir * ilr * ilr ^ * ilr Advocate for Applicants Mr. Challa Ajay Kumar for Mr. Khaja Khutubuddin Shaik Mr. Kunuku Raja Sekhar Advocate for Respondents CORAM .THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE : 24th January 2025 P C : Learned counsel for the applicants states that this Court has no jurisdiction to entertain the present application and seeks liberty to approach the appropriate forum. 2. This Arbitration Application is, accordingly, dismissed as withdrawn with liberty as prayed for. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. SD/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. M/s Kotak Mahindra Bank Ltd,^8th Floor, TVH Agnitio Park, Zone- 2 Old Mahabalipuram Road, Kandhanchavadi, Chennai-600096. 2. The Sole Arbitrator, Rep by J.Priya, No.6/14, loop Street,C.I.T Colony Mylapore, Chennai-600004. 3. One CC to Sri Khaja Khutubuddin Shaik Advocate [OPUC] 4. One CC to Sri Kunuku Raja Sekhar Advocate [OPUC] 5. THREE CD COPIES stu TAG HIGH COURT DATED:24/01/2025 ORDER ARBAPPL.No.67 of 2023 ^TofANO^ 0 ^ FE8 2025 I >15^ Current SecUon ^ VO DISMISSING THE ARBAPPL AS WITHDRAWN