Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010034122018
CNR NO. MHCC010034122018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1050 OF 2018
IN
SUIT NO.2219 OF 2017
Mukesh Hirachand Sanghvi
]… Plaintiff.
V/s.
M/s. Reliance Commercial Finance Ltd.
]... Defendant
Appearances :
None for plaintiff.
Ld.Adv. Ketan Dhavle for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 25th April, 2023
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Suit 2219/2017
ORAL ORDER
1. The present Notice of Motion is taken out by the defendant
for referring the matter to Arbitratorion under Section 8 of the
Arbitration and Conciliation Act, 1996.
2. It was submitted by the defendant that the present suit is
filed by the plaintiff for declaration and injunction. The plaintiff prayed
for the declaration that the interest rate demanded by the defendant is
exorbitant. That as per the agreement dated 25.11.2009, Clause 17 of
the Loan Agreement contains an Arbitration Clause and in case of any
dispute arising out of the said agreement, it is mandatory to refer the
dispute to the Arbitrator. However, the plaintiff filed the present suit
and hence, it is necessary to refer the matter for Arbitration.
3. The plaintiff failed to file reply to the Notice of Motion.
Heard the Learned Advocate for defendant. The plaintiff also failed to
argue on the Notice of Motion. Perused the plaint and the Notice of
Motion. The plaintiff filed the suit on the basis of the Loan Agreement
dated 25.11.2009. The dispute of the plaintiff is based on the said Loan
Agreement. As per the Clause 17 of the Loan Agreement, it is expressly
mentioned that in the event of any dispute or differences arising out of
the agreement the dispute shall be finally resolved by Arbitration in
accordance with the provisions of the Indian Arbitration and
Conciliation Act, 1996. The plaintiff failed to file reply to the Notice of
Motion. It seems that the plaintiff admitted the contention raised by
the defendant. Under such circumstances, the matter has to be decided
by the Arbitrator and hence, it would be appropriate to return the plaint
to the plaintiff for referring the same to the Arbitrator as agreed
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between both the parties. I, therefore, proceed to pass the following
order:
ORDER
1. The Notice of Motion No.1050 of 2018 is allowed.
2. The plaint be returned to the plaintiff for presentation before the
arbitrator as per rules.
3. Parties to bear their own costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 25042023 City Civil Court, Gr. MUMBAI
Dictated on : 25042023
Transcribed on : 25042023
checked on : 26042023
Signed on : 26042023
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
26.04.2023 at 03.25 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
25.04.2023
Judgment/order signed by P.O. on 26.04.2023
Judgment/order uploaded on 26.04.2023
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