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
Judgment Favored
Plaintiff
Relief Granted
Parties are referred to arbitration.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The existence of an arbitration clause makes the matter arbitrable.
The existence of an arbitration clause makes the matter arbitrable.
Judgment Evidence:
In the result, petition is allowed. 1) Parties are referred to arbitration. Suit is liable to be dismissed.
Parties Involved
Plaintiffs
Sreejith C S (33 years)
Cheriyamparambil, Kurumassery P O, Parakkadavu, Ernakulam- 683579
Defendants
M/s Cholamandalam Investment and Finance Co. Ltd. (Age not specified years)
Dare House, No. 2, N S C Bose Road, Parrys, Chennai, Tamilnadu- 600001
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