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O.S. No. 748/2024

Case between Sreejith C S vs M/s Cholamandalam Investment and Finance Co. Ltd. regarding permanent prohibitory injunction

Court
Munsiff Court
Judge
Smt. Needi.K.Dinamany
Order Date
2025-06-19
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Sreejith C S, who is seeking a permanent prohibitory injunction against M/s Cholamandalam Investment and Finance Co. Ltd. concerning a loan agreement related to a vehicle purchase. The defendant is requesting referral to arbitration based on an arbitration clause in the loan agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition to refer the parties to arbitration, determining that an arbitration agreement exists between the parties as per the loan agreement.
Judgment Favored
Plaintiff
Relief Granted
Parties are referred to arbitration.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to refer the parties to arbitration, determining that an arbitration agreement exists between the parties as per the loan agreement.
Why Plaintiff Won:
The existence of an arbitration clause makes the matter arbitrable.
Losing Side's Weaknesses:
The existence of an arbitration clause makes the matter arbitrable.
Supporting Evidence
Therefore it is clear that if in an agreement between the parties before the Civil court there is a clause for arbitration, it is mandatory for the civil court to refer the dispute to an arbitrator.

Judgment Evidence:

In the result, petition is allowed. 1) Parties are referred to arbitration. Suit is liable to be dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sreejith C S
Party Age
33
Relation
S/o
Party Role
Defendant
Party Name
M/s Cholamandalam Investment and Finance Co. Ltd.
Relation
Represented by
Plaintiffs Documents
Loan agreement dated 26.03.2022
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Philip T Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Thomas T Varghese
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Achu Shuba Abraham
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Amala Purushothaman
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Kallyani G Menon
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Rineesha Rajkumar
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Muhammed Sabah
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiff sought a permanent prohibitory injunction.
Evidence:
Suit is one for permanent prohibitory injunction.
Relief Type: Other
Outcome: Granted
Description:
Parties are referred to arbitration.
Evidence:
Accordingly, I am satisfied that the existence of clause 29 of Ext.A1 will make the matter arbitrable.

Documents & Evidence

Document Type: Loan Agreement
Submitted By: Plaintiff
Relevance:
The court relied on the loan agreement to determine the existence of an arbitration clause.
Reference:
Ext.A1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sreejith C S vs M/s Cholamandalam Investment and Finance Co. Ltd. regarding permanent prohibitory injunction
Case Code Year
Case between Sreejith C S vs M/s Cholamandalam Investment and Finance Co. Ltd. regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 03/26/2022 - 12:00
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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