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2025 DAILYLAW 36885 (AP)

ANKAMMARAO KATAKAMSETTY v. M/S KOTAK MAHINDRA BANK LTD

ARBAPPL/66/2023 · 2025-01-24

Dhiraj Singh Thakur

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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 JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE ARBITRATION APPLICATION NO: 66 OF 2023 Between: 1. Ankammarao Katakamsetty.^ Dno.8-12-18/7, Nehru Nagar 9/2 line, Guntur-522002 Srinathbabji S/0. Sambasivarao, D.No 4-4-77 3, l^* Line Chandramouli Nagar, Guntur Post Md Dist Near ISt, Guntur-522002 2. Srinathbabji, S/o Sambasivarao, D.No. 4-4-77 3, line, Chandramouli Nagar, Guntur Post Md Dist Near , Guntur- 522006 ...APPLICANTS AND 1. M/s Kotak Mahindra Bank LTD, 8th Floor, TVH Agnitio Park, Zone.- 2, Old Mahabalipuram Road, Kandh an chavadi, 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 Scheme for appointment of Arbitrator as framed by Hon’ble High Court at Amaravathi praying that the High Court may be pleased to // / a. Set aside the impugned order vide A.C.P.No.KMBL/CV/3534019/19 09 of 2022 datedA.C.P.No.KMBL/CV/3534019/1909 30.12.2022 passed by the Ld. Sole Arbitrator, and ( b. Declare all 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 the Asset 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 stay i. operation A.C.P.No.KMBL/CV/3534019/1909' of 2022 dated 30.12.2022 passed by the Respondent No.2 and to Injunct the Respondent No. 1 from taking possession of any of the Assets financed by the Respondent No.1 and to stay all further proceedings pending disposal of the above Arbitration Application. of impugned order vide Counsel for the Petitioners : SRI CHALLA AJAY KUMAR ADVOCATE FOR SRI KHAJA KHUTUBUDDIN SHAIK Counsel for the Respondent No.1 : SRI KUNUKU RAJA SEKHAR The Court made the following ORDER : APHC010604562023 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-89 [3441] AT AMARAVATI ARBITRATION APPLICATION NO: 66 of 2023 Ankammarao Katakamsetty and another ...Applicants Vs. M/s. Kotak Mahindra Bank Ltd. and another ...Respondents ********** 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. This Arbitration Application is, accordingly, withdrawn with liberty as prayed for. No costs. 2. dismissed as Consequently, connected miscellaneous applications, if any, shall stand SDI- SK.MOHAMMED RAFI ASSISTANT REGISTRAR closed. A //TRUE COPY// SECTION OFFICER To, i 1. M/S Kotak Mahindra Bank Ltd, 8th Floor, TVH Agnitio Park, Zone.- 2, Old Mahabalipuram Road, Kandh an chavadi, Chennai-600096. / 4, // 2. The Sole Arbitrator, Rep by J.Phya Mylapore, Chennai-600004. 3. One CC to Sri. Khaja Khutubuddin 4. One CC to Sri. Kunuku Raja Sekhar Advocate 5. THREE CD COPIES No.6/14,loop Street,C.l.T Colony, Shaik Advocate [OPUC] [OPUC] TAC \ \ HIGH COURT DATED:24/01/2025 ORDER ARBAPPL.No.66 of 2023 i? 0 'i FEB 2025 S3' Current Section . DISMISSING THE ARBITRATION APPLICATION AS WITHDRAWN