AR Nos. 112 of 2021 and connected cases (Suresh Kumar Ramakrishnan Kallada & Sindhu v Kotak Mahindra Bank Limited)

## _`IN THE HIGH COURT OF KERALA AT ERNAKULAM`_ ## _`PRESENT`_ ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO. 112 OF 2021 ``` ## _`PETITIONERS`_ |_`1`_|_`SURESH KUMAR RAMAKRISHNAN KALLADA`_| |---|---| ||_`AGED 52 YEARS`_| ||_`KALLADA HOUSE, HILL ROAD,`_| ||_`IRINJALAKUDA NORTH P.O., THRISSUR-680125.`_| |_`2`_|_`K.S.SINDHU`_| ||_`KALLADA HOUSE,HILL ROAD,`_| ||_`IRINJALAKUDA NORTH P.O,THRISSUR-680125`_| ``` BY ADV V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ |_`1`_|_`KOTAK MAHINDRA BANK LIMITED`_| |---|---| ||_`40-1021 & AMP; 1022, GROUND FLOOR, KANDAMKULATHY`_| ||_`TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS`_| ||_`CHIEF MANAGER.`_| |_`2`_|_`KOTAK MAHINDRA BANK LTD.`_| ||_`8TH FLOOR,TVH AGNITIO`_| ||_`PARK,141,KANDHANCHAVADI,OMR,CHENNAI-600096`_| ||_`REPRESENTED BY ITS CHIEF MANAGER`_| ## _`SRI.P.BENNY JOSEPH`_ ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.7/2022, 28/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` A.R. Nos. 112 of 2021 and connected cases 2 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO. 7 OF 2022 ``` ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680125., PIN - 680125 2K.S.SINDHU W/O K.R. SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR – 680125. BY ADVS.PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1KOTAK MAHINDRA BANK LIMITED 40-1021 & 1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER., PIN - 682035 2M/S KOTAK MAHINDRA BANK LTD. 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI - 600096 REPRESENTED BY ITS CHIEF MANAGER. 3M/S KOTAK MAHINDRA BANK LTD. 27 BKC, C 27. G BLOCK, BANDRAKURLA COMPLEX, BANDRA (E), MUMBAI - 400051. REPRESENTED BY ITS CHAIRMAN ``` ## _`SRI.P.BENNY JOSEPH`_ ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` A.R. Nos. 112 of 2021 and connected cases 3 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO. 12 OF 2022 ``` ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA, AGED 67 YEARS PROPRIETOR M/S. KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR 680 125. 2K.S. SINDHU, W/O.K.R. SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR 680 125. BY ADVS.PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1M/S. KOTAK MAHINDRA BANK LTD., 40-1021 & AMP; 1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. 2M/S. KOTAK MAHINDRA BANK LTD, 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR CHENNAI 600096 , REPRESENTED BY ITS CHIEF MANAGER. 3M/S. KOTAK MAHINDRA BANK LTD., 27 BKC, C 27. G. BLOCK BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI 400051. REPRESENTED BY ITS CHAIRMAN. BY ADVS.Basil Mathew P.BINNY JOSEPH(K/420/1993) ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` A.R. Nos. 112 of 2021 and connected cases 4 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## _`PRESENT`_ ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ## _`AR NO. 13 OF 2022`_ ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA AGED 53 YEARS PROPRIETOR M/S.KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680 125. 2K.S.SINDHU W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680 125. BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1KOTAK MAHINDRA BANK LIMITED 40-1021 & AMP 1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. 2KOTAK MAHINDRA BANK LTD. 8TH FLOOR, TVH AGNITIO PARK 141, KANDHANCHAVADI, OMR, CHENNAI - 600 096 REPRESENTED BY ITS CHEF MANAGER. 3KOTAK MAHINDRA BANK LTD. 27 BKC, C27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051, REPRESENTED BY ITS CHAIRMAN.` `SRI.P.BINNY JOSEPH ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING ``` A.R. Nos. 112 of 2021 and connected cases 5 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## _`PRESENT`_ ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ## _`AR NO. 20 OF 2022`_ ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA PROPRIETOR M/S. KALLADA TOURS AND TRAVELS, KALLADA HOUSE , HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR 680 125. 2K.S. SINDHU, W/O.K.R. SURESH KUMAR, KALLADA HOUSE , HILL ROAD, IRINJALAKUDA NORTH P.O. THRISSUR 680 125. BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1M/S. KOTAK MAHINDRA BANK LTD. 40-1021 & AMP. 1022, GROUND FLOOR, KANDAMKULATH TOWERS, M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANGER. 2M/S. KOTAK MAHINDRA BANK LTD, 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI 600096, REPRESENTED BY ITS CHIEF MANAGER. 3M/S. KOTAK MAHINDRA BANK LTD., 27 BKC, C 27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI 400051, REPRESENTED BY ITS CHAIRMAN. BY ADVS. Basil Mathew P.BINNY JOSEPH(K/420/1993) ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING ``` A.R. Nos. 112 of 2021 and connected cases 6 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO. 22 OF 2022 ``` ## _`PETITIONERS`_ ``` 1. SURESH KUMAR RAMAKRISHNAN KALLADA AGED 53 YEARS PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINAJALAKUDA NORTH.P.O, THRISSUR-680125. 2. K.S. SINDHU, W/O.K.R. SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O. THRISSUR 680 125. ``` ``` BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1KOTAK MAHINDRA BANK LIMITED 40-1021 & AMP;1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. 2M/S KOTAK MAHINDRA BANK LTD, 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI-600096.REPRESENTED BY ITS CHIEF MANAGER. 3M/S KOTAK MAHINDRA BANK LTD, 27 BKC, C 27.G.BLOCK, BANDRA KURLA COMPLEX, BANDRA(E), MUMBAI-400051. REPRESENTED BY ITS CHAIRMAN. BY ADVS. Basil Mathew P.BINNY JOSEPH(K/420/1993) ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING ``` A.R. Nos. 112 of 2021 and connected cases 7 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## _`PRESENT`_ ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ## _`AR NO. 23 OF 2022`_ ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-680125. 2K.S.SINDHU, W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH .P.O, THRISSUR-680125. BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1KOTAK MAHINDRA BANK LIMITED 40-1021 &1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. 2M/S KOTAK MAHINDRA BANK LTD, 8TH FLOOR, TVH AGNITIO PARK, 141,KANDHANCHAVADI, OMR, CHENNAI-600096, REPRESENTED BY ITS CHIEF MANAGER. 3M/S KOTAK MAHINDRA BANK LTD, 27 BKC, C 27.G BLOCK, BANDRA KURLA COMPLEX, BANDRA(E), MUMBAI-400051. REPRESENTED BY ITS CHAIRMAN. BY ADVS. Basil Mathew P.BINNY JOSEPH(K/420/1993) ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING ``` A.R. Nos. 112 of 2021 and connected cases 8 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO. 24 OF 2022 ``` ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA AGED 67 YEARS PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-6800125. 2K.S.SINDHU, W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-680125. ``` ``` BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ - _`1 KOTAK MAHINDRA BANK LIMITED 40-1021 & AMP;1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER.`_ - _`2 M/S KOTAK MAHINDRA BANK LTD, 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI-600096, REPRESENTED BY ITS CHIEF MANAGER.`_ - _`3 M/S KOTAK MAHIDRA BANK LTD, 27 BKC, C 27. G BLOCK, BANDRA KURLA COMPLEX, BANDRA(E), MUMBAI-400051.REPRESENTED BY ITS CHAIRMAN.`_ A.R. Nos. 112 of 2021 and connected cases 9 ] ``` BY ADVS. Basil Mathew P.BINNY JOSEPH(K/420/1993) ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` A.R. Nos. 112 of 2021 and connected cases 10 ] ## _`IN THE HIGH COURT OF KERALA AT ERNAKULAM`_ ## _`PRESENT`_ ## _`THE HONOURABLE MR.JUSTICE N.NAGARESH`_ ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO. 25 OF 2022 ``` ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA, AGED 67 YEARS PROPRIETOR, M/S. KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O, THRISSUR-680 125 2K.S. SINDHU, W/O. K.R. SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O, THRISSUR 680 125. ``` ``` BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ - _`1 KOTAK MAHINDRA BANK LTD, 40-1021 & AMP: 1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER.`_ - _`2 M/S. KOTAK MAHINDRA BANK LTD., 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI 600 096, REPRESENTED BY ITS CHIEF MANAGER.`_ - _`3 M/S. KOTAK MAHINDRA BANK LTD., 27 BKC, C 27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI- 400 051, REPRESENTED BY ITS CHAIRMAN.`_ A.R. Nos. 112 of 2021 and connected cases 11 ] ``` BY ADVS. Basil Mathew P.BINNY JOSEPH(K/420/1993) ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` A.R. Nos. 112 of 2021 and connected cases 12 ] # _`IN THE HIGH COURT OF KERALA AT ERNAKULAM`_ ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO. 26 OF 2022 ``` ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA AGED 53 YEARS PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-680125. ``` ``` 2K.S.SINDHU, W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O,THRISSUR-680125. ``` ``` BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1KOTAK MAHINDRA BANK LIMITED 40-1021 & AMP; 1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD,ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. ``` ``` 2M/S KOTAK MAHINDRA BANK LTD, 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI-600096, REPRESENTED BY ITS CHIEF MANAGER. ``` A.R. Nos. 112 of 2021 and connected cases 13 ] ``` 3M/S KOTAK MAHINDRA BANK LTD, 27 BKC, C 27.G BLOCK, BANDRA KURLA COMPLEX, BANDRA(E), MUMBAI-400051, REPRESENTED BY ITS CHAIRMAN. ``` ``` BY ADVS. Basil Mathew P.BINNY JOSEPH(K/420/1993) ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING ``` A.R. Nos. 112 of 2021 and connected cases 14 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## _`PRESENT`_ ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO.27 OF 2022 ``` ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA AGED 67 YEARS PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-680125. ``` ``` 2K.S.SINDHU, W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-680125. ``` ``` BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1KOTAK MAHINDRA BANK LIMITED 40-1021 & AMP; 1022,GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. 2M/S KOTAK MAHINDRA BANK LTD, 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI-600096, REPRESENTED BY ITS CHIEF MANAGER. ``` 15 A.R. Nos. 112 of 2021 and connected cases ] - _`3 M/S KOTAK MAHINDRA BANK LTD,`_ - _`27 BKC, C 27.G. BLOCK, BANDRAKURLA COMPLEX, BANDRA(E), MUMBAI-400051, REPRESENTED BY ITS CHIARMAN.`_ ``` SRI.P.BINNY JOSEPH ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` A.R. Nos. 112 of 2021 and connected cases 16 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO.28 OF 2022 ``` ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA AGED 67 YEARS PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-680125. ``` ``` 2K.S.SINDHU, W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-680125. ``` ``` BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1KOTAK MAHINDRA BANK LIMITED 40-1021 & AMP; 1022,GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. ``` ``` 2M/S KOTAK MAHINDRA BANK LTD, 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI-600096, REPRESENTED BY ITS CHIEF MANAGER. ``` A.R. Nos. 112 of 2021 and connected cases 17 ] ``` 3M/S KOTAK MAHINDRA BANK LTD, 27 BKC, C 27.G. BLOCK, BANDRAKURLA COMPLEX, BANDRA(E), MUMBAI-400051, REPRESENTED BY ITS CHIARMAN. ``` ``` SRI.P.BINNY JOSEPH ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` A.R. Nos. 112 of 2021 and connected cases 18 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO. 31 OF 2022 ``` ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA AGED 67 YEARS PROPRIETOR M/S.KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680 125. ``` ``` 2K.S.SINDHU W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680 125. ``` ``` BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1KOTAK MAHINDRA BANK LIMITED 40-1021 & AMP 1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. ``` ``` 2KOTAK MAHINDRA BANK LTD. 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI - 600 096, REPRESENTED BY ITS CHIEF MANAGER. ``` A.R. Nos. 112 of 2021 and connected cases 19 ] ``` 3KOTAL MAHINDRA BANK LTD. 27 BKC, C 27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051, REPRESENTED BY ITS CHAIRMAN. ``` ``` BY ADVS. Basil Mathew P.BINNY JOSEPH(K/420/1993) ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` A.R. Nos. 112 of 2021 and connected cases 20 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## _`PRESENT`_ ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO. 32 OF 2022 ``` ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA AGED 67 YEARS PROPRIETOR M/S.KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680 125. ``` ``` 2K.S.SINDHU W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680 125. ``` ``` BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1KOTAK MAHINDRA BANK LTD. 40-1021 & AMP 1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. ``` ``` 2KOTAL MAHINDRA BANK LTD. 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI - 600 096, REPRESENTED BY ITS CHIEF MANAGER. ``` A.R. Nos. 112 of 2021 and connected cases 21 ] ``` 3KOTAK MAHINDRA BANK LTD. 27 BKC, C 27, G.BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051. REPRESENTED BY ITS CHAIRMAN ``` ``` BY SRI.P.BINNY JOSPEH ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` A.R. Nos. 112 of 2021 and connected cases 22 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## _`PRESENT`_ ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 ``` ``` AR NO. 33 OF 2022 ``` ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA AGED 67 YEARS PROPRIETOR M/S.KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680 125. ``` ``` 2K.S.SINDHU W/O.K.R.SURESH KUMAR,KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH P.O., THRISSUR - 680 125. ``` ``` BY ADVS.V.R.SANJEEV KUMAR S.UMA DEVI PRAVEEN.H. ``` ## _`RESPONDENTS`_ ``` 1KOTAK MAHINDRA BANK LTD. 40-1021 & AMP 1022, GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. ``` ``` 2KOTAK MAHINDRA BANK LTD. 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI - 600 096, REPRESENTED BY ITS CHIEF MANAGER. ``` A.R. Nos. 112 of 2021 and connected cases 23 ] ``` 3KOTAK MAHINDA BANK LTD. 27 BKC, C27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051, REPRESENTED BY ITS CHAIRMAN. ``` ``` BY ADVS. Basil Mathew P.BINNY JOSEPH(K/420/1993) ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` A.R. Nos. 112 of 2021 and connected cases 24 ] ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` FRIDAY, THE 4[TH] DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 AR NO.38 OF 2022 ``` ## _`PETITIONERS`_ ``` 1SURESH KUMAR RAMAKRISHNAN KALLADA PROPRIETOR M/S KALLADA TOURS AND TRAVELS, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-680125. ``` ``` 2K.S.SINDHU, W/O.K.R.SURESH KUMAR, KALLADA HOUSE, HILL ROAD, IRINJALAKUDA NORTH.P.O, THRISSUR-680125. ``` ``` BY ADVS. PRAVEEN.H. S.UMA DEVI V.R.SANJEEV KUMAR ``` ## _`RESPONDENTS`_ ``` 1KOTAK MAHINDRA BANK LIMITED 40-1021 & AMP; 1022,GROUND FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. ``` ``` 2M/S KOTAK MAHINDRA BANK LTD, 8TH FLOOR, TVH AGNITIO PARK, 141, KANDHANCHAVADI, OMR, CHENNAI-600096, REPRESENTED BY ITS CHIEF MANAGER. ``` A.R. Nos. 112 of 2021 and connected cases 25 ] ``` 3M/S KOTAK MAHINDRA BANK LTD, 27 BKC, C 27.G. BLOCK, BANDRAKURLA COMPLEX, BANDRA(E), MUMBAI-400051, REPRESENTED BY ITS CHIARMAN. ``` ``` SRI.P.BINNY JOSEPH ``` ``` THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 04.11.2022, ALONG WITH AR.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` A.R. Nos. 112 of 2021 and connected cases 26 ] ## **O R D E R** ## **Dated this the 4[th] day of November, 2022** ``` [AR Nos.112/2021, 7/2022, 12/2022, 13/2022, 20/2022, 22/2022, 23/2022, 24/2022, 25/2022, 26/2022, 27/2022, 28/2022, 31/2022, 32/2022, 33/2022 and 38/2022] ``` In all these Arbitration Requests, the applicants are before this Court challenging the Arbitration proceedings initiated by the 1[st] respondent-Bank. The applicants state that there is an Arbitration Clause in the agreement and a mutually accepted Arbitrator ought to have been appointed. 2. This Court in the judgment in _**Tulsi Developers India Pvt. Ltd. v. Dr.Appu Benny Thomas**_ in A.R. No.105 of 2020 has followed the decision of the Apex Court in _**TRF Ltd. v. Engineering Projects Ltd.**_ [2017 (8) SCC 377] and has held that neither a party to the dispute nor a person nominated by one party can be appointed as Arbitrator. Hence, the appointment of Advocate Sri.Suchit Anant Palande as the sole Arbitrator by the 1[st] respondent cannot be sustained, contend 27 ## A.R. Nos. 112 of 2021 and connected cases ] the petitioners. 3. The counsel representing the respondents entered appearance and resisted the writ petition. The counsel controverted all the material allegations made by the applicants. On behalf of the respondents, it is submitted that in terms of the agreement, the applicants are liable to pay huge amounts to the respondents. Inspite of repeated requests, the applicants did not clear the outstanding loan amount. 4. The respondents further submitted that there is an agreement between the applicants and the 1[st] respondent and in the said agreement, both parties agreed that all claims/disputes arising in connection with the said agreement shall be adjudicated upon by a sole Arbitrator nominated by the Bank in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the Rules made thereunder. In view of the said Arbitration Clause, the 1[st] respondent has appointed Advocate Sri.Suchit Anant Palande as the sole Arbitrator to arbitrate the disputes in accordance with the provisions of the A.R. Nos. 112 of 2021 and connected cases ] 28 Arbitration and Conciliation Act, 1996. 5. The respondents further submitted that in response to the notice issued by the Arbitrator, the applicants have appeared in the Arbitration proceedings and acquiesced in the proceedings. Therefore, the applicants cannot turn around and contend that the appointment of Arbitrator is illegal. 6. I have heard the learned counsel for the applicants and the learned counsel appearing for the respondents. 7. The fact that there is monitory dispute between the applicants and the 1[st] respondent under agreements executed, is an admitted fact. Amounts are due to the 1[st] respondent. According to the applicants, the amount claimed by the 1[st] respondent is excessive and unsustainable. 8. It is an admitted position that the agreement between the applicants and the 1[st] respondent contains an Arbitration Clause for resolution of the dispute in accordance with the provisions contained in the Arbitration and Conciliation Act, 1996. It is based on the said agreement that the 1[st] respondent has appointed an Arbitrator. A.R. Nos. 112 of 2021 and connected cases ] 29 9. This Court finds that the Honourable Apex Court in the judgment in _**TRF Ltd. v. Engineering Projects Ltd.**_ [2017 (8) SCC 377] has held that neither a party to the dispute nor a person nominated by one party can be appointed as Arbitrator. In these cases, the sole Arbitrator has been appointed by the 1[st] respondent without any _consensus ad idem._ This Court finds that the unilateral appointment of Arbitrator by the 1[st] respondent is irregular and unsustainable. _10._ In the facts of the case, this Court is of the view that an independent sole Arbitrator shall be appointed by this Court in terms of the provisions contained in the Arbitration and Conciliation Act, 1996 for resolution of the dispute between the applicants and the 1[st] respondent in each of these Arbitration Requests. _11._ The Arbitration Requests are therefore ordered as follows: (i) Sri.K.M. Balachandran (Retired District Judge), ENRA 299, 33/1968, Aiswarya, Perandoor Road, Elamakkara, Kochi – 682026 is appointed as the sole Arbitrator, to arbitrate upon the disputes that have arisen between the applicants and the A.R. Nos. 112 of 2021 and connected cases 30 ] respondents pursuant to the respective agreements entered into by the applicants and the respondents. (ii) The learned Arbitrator is at liberty to rule on his own jurisdiction, if the parties raise such a dispute. (iii) The Registry is directed to communicate a copy of this order to the learned Arbitrator within a period of ten days from today and to obtain a Statement of Disclosure from the learned Arbitrator as provided under Section 11(8) read with Section 12(1) of the Act. (iv) Once the Disclosure Statement is obtained from the learned Arbitrator, the Registry shall issue the certified copy of this order to the learned Arbitrator, with a copy of the said statement appended to it, retaining the original of the same by this Court. (v) The learned Arbitrator shall decide the manner in which the fees and expenses of the arbitration proceeding has to be paid by the parties. (vi) The parties will appear before the learned Arbitrator on such date and place as decided by the learned Arbitrator. (vii) All contentions of the parties are left open to be raised before the learned Arbitrator. Sd/- _` smm_ ## **N. NAGARESH, JUDGE** A.R. Nos. 112 of 2021 and connected cases 31 ] ## _`APPENDIX OF AR 112/2021`_ ``` PETITIONER ANNEXURES ``` ``` Annexure ITRUE COPY OF THE RC CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.AR-01-J- 1387. ``` ``` Annexure IITRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24.3.2020. ``` ``` Annexure III ``` ``` Annexure IV ``` - _`TRUE COPY OF THE NOTICE DATED 1.2.2021 DEMANDING A SUM OF RS.18,56,585/- ISSUED BY M/S. SKV ASSOCIATES, ADVOCATES OF THE RESPONDENT.`_ ``` TRUE COPY OF THE NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS INTIMATING APPOINTED OF SRI. SUCHIT ANANT PALANDE, ADVOCATE AS THE SOLE ARBITRATOR VIDE LETTER DATED 11.2.2021. ``` ``` Annexure VTRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19.2.2021 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR. ``` ``` Annexure VITRUE COPY OF THE OBJECTION DATED 17.11.2021 SENT BY THE PETITIONERS ADDRESSED TO THE RESPONDENT CITING THE TWO RECENT JUDGMENTS PASSED BY THE HON'BLE HIGH COURT OF KERALA AS WELL AS THE HON'BLE APEX COURT OF INDIA AND ALSO TO REFRAIN FROM PROCEEDINGS FURTHER IN THE MATTER OF ARBITRATION PROCEEDINGS. ``` ``` Annexure VII ``` ``` Annexure VIII ``` ``` TRUE COPY OF THE CLAIM PETITION DATED 31.3.2021 SENT BY RESPONDENTS 1 AND 2. ``` ``` TRUE COPY OF THE LOAN AGREEMENT NO.CV3117374 DATED 2.6.2016 EXECUTED BY THE PETITIONERS WITH THE 1ST RESPONDENT AT THEIR OFFICE AT IRINJALAKUDA. ``` A.R. Nos. 112 of 2021 and connected cases 32 ] ## _`APPENDIX OF AR 7/2022`_ ## _`PETITIONER ANNEXURES`_ ``` Annexure ITRUE COPY OF THE RC CERTIFICATE OF THE VEHICLE C BEARING REGISTRATION NO.AR-01- J-1390. Annexure IITRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24.03.2020 Annexure IIITRUE COPY OF THE NOTICE DATED 01.02.2021DEMANDINGASUMOF RS.19,55,651/- ISSUED BY M/S SKV ASSOCIATES, ADVOCATES OF THE RESPONDENT. Annexure IVTRUE COPY OF THE NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS INTIMATINGAPPOINTEDOFSRI. SUCHITANANTPALANDE, ADVOCATEAS THE SOLE ARBITRATOR VIDE LETTER DATED 11.02.2021. Annexure VTRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19.02.2021 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR. Annexure VITRUE COPY OF THE OBJECTION DATED 17.11.2021 SENT BY THE PETITIONERS ADDRESSED TO RESPONDENT CITING THE TWO RECENT JUDGMENTS PASSED BY THE HON'BLE HIGH COURT OF KERALA AS WELL AS THE HON'BLE APEX COURT OF INDIA AND ALSO TO REFRAIN FROM PROCEEDINGS FURTHER IN THE MATTER OF ARBITRATION PROCEEDINGS. Annexure VIITRUE COPY OF THE CLAIM PETITION DATED 31.03.2021 SENT BY RESPONDENTS 1 AND 2. Annexure VIIITRUE COPY OF THE LOAN AGREEMENT NO. CV3117389 DATED 28.06.2016 EXECUTED BY THE PETITIONERS WITH THE 1ST RESPONDENT AT THEIR OFFICE AT IRINJALAKUDA. Annexure IXTRUE COPY OF THE CASE FILED BEFORE THE HON'BLE ILLAQA JUDICIAL MAGISTRATE IST CLASS COURT AT LUDHIANA AS CNR 9625/2021 DATED 28.05.2021 FILED BY THE LUDHIANA BRANCH OF THE 1ST RESPONDENT BANK ``` 33 A.R. Nos. 112 of 2021 and connected cases ] ``` AGAINST THE 1ST PETITIONER. ``` ``` Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12.11.2019 AGAINST THE PETITIONERS U/S 13(2) OF THE SARFAESI ACT* ``` A.R. Nos. 112 of 2021 and connected cases 34 ] ## _`APPENDIX OF AR 12/2022`_ ## _`PETITIONER ANNEXURES`_ ``` Annexure 1TRUE COPY OF THE RC CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO. AR-01- J-1394. ``` ``` Annexure IITRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24.03.2020. Annexure IIITRUE COPY OF THE NOTICE DATED 01.02.2021 DEMANDING A SUM OF RS. 18,15,554/- ISSUED BY M/S. SKV ASSOCIATES, ADVOCATES OF THE RESPONDENT. Annexure IVTRUE COPY OF THE NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS, INTIMATING APPOINTED OF SRI. SUCHITANANTH PALANDE, ADVOCATES THE SOLE ARBITRATOR VIDE LETTER DATED 11.02.2021. Annexure VTRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19.02.021 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR. Annexure VITRUE COPY OF THE OBJECTION DATED 17.11.2021 SENT BY THE PETITIONERS ADDRESSED TO THE RESPONDENT CITING THE TWO RECENT JUDGMENTS PASSED BY THE HONBLE HIGH COURT OF KERALA AS WELL AS THE HONBLE APEX COURT OF INDIA AND ALSO TO REFRAIN FROM PROCEEDINGS FURTHER IN THE MATTER OF ARBITRATION PROCEEDINGS. Annexure VIITRUE COPY OF THE CLAIM PETITION DATED 31.03.2021 SENT BY RESPONDENTS 1 AND 2. Annexure VIITRUE COPY OF THE LOAN AGREEMENT NO. CV3117432 DATED 28.06.2016 EXECUTED BY THE PETITIONERS WITH THE IST RESPONDENT AT THE OFFICE OF THE RESPONDENT IN COCHIN AT ERNAKULAM. Annexure IXTRUE COPY OF THE CASE FILED BEFORE THE HON 'BLE IIIAQA JUDICIAL MAGISTRATE IST CLASS COURT AT LUDHIANA AS CNR 9625/2021 DATED 28.05.2021 FILED BY THE LUDHIANA BRANCH OF THE IST RESPONDENT BANK ``` A.R. Nos. 112 of 2021 and connected cases 35 ] ``` AGAINST THE IST PETITIONER. ``` ``` Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT 1 TO 3 ON 12.11.20219 AGAINST THE PETITIONERS U/S 13 (2) OF THE SARFAESI ACT. ``` ``` RESPONDENT ANNEXURES ``` ``` Annexure R1 (a)True copy of the claim statement filed by the respondent Annexure R1 (b)True copy of counter statement filed by the petitioners 21.04.2021 ``` A.R. Nos. 112 of 2021 and connected cases 36 ] ## _`APPENDIX OF AR 13/2022`_ ## _`PETITIONER ANNEXURES`_ ``` Annexure ITRUE COPY OF THE RC CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.A4-01-J- 1393. ``` ``` Annexure IITRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24/03/2020. ``` ``` Annexure IIITRUE COPY OF THE NOTICE DATED 01/02/2021 DEMANDING A SUM OF RS.19,56,461/- ISSUED BY M/S.SKV ASSOCIATES, ADVOCATES OF THE RESPONDENT. ``` - _`Annexure IV TRUE COPY OF THE NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS INTIMATING APPOINTED OF SRI.SUCHIT ANANT PALANDE, ADVOCATE AS THE SOLE ARBITRATOR VIDE LETTER DATED 11/02/2021.`_ - _`Annexure Av TRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19/02/2021 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR.`_ ``` Annexure VITRUE COPY OF THE OBJECTION DATED 17/11/2021 SENT BY THE PETITIONERS ADDRESSED TO THE RESPONDENT CITING THE TWO RECENT JUDGMENTS PASSED BY THE HON'BLE HIGH COURT OF KERALA AS WELL AS THE HON'BLE APEX COURT OF INDIA AND ALSO REFRAIN FROM PROCEEDINGS FURTHER IN THE MATTER OF ARBITRATION PROCEEDINGS. ``` ``` Annexure VIITRUE COPY OF THE CLAIM PETITION DATED 31/03/2021 SENT BY RESPONDENTS 1 AND 2. Annexure VIIITRUE COPY OF THE LOAN AGREEMENT NO.CV3117094 DATED 02/06/2016 EXECUTED BY THE PETITIONERS WITH THE 1ST RESPONDENT AT THE OFFICE OF THE RESPONDENT IN COCHIN AT ERNAKULAM. ``` ``` Annexure IXTRUE COPY OF THE CASE FILED BEFORE THE HON'BLE ILLAQUE JUDICIAL MAGISTRATE 1ST CLASS COURT AT LUDHIANA AS CNR 9625/2021 DATED 28/05/2021 FILED BY THE LUDHIANA BRANCH OF THE 1ST RESPONDENT BANK ``` 37 A.R. Nos. 112 of 2021 and connected cases ] ``` AGAINST THE 1ST PETITIONER. ``` ``` Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12/11/2019 AGAINST THE PETITIONERS U/S 13(2) OF THE SARFAESI ACT. ``` A.R. Nos. 112 of 2021 and connected cases 38 ] ## _`APPENDIX OF AR 20/2022`_ ## _`PETITIONER ANNEXURES`_ ``` Annexure 1TRUE COPY OF THE RC CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.AR- 01- J-1392. ``` ``` Annexure IITRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24.03.2020. Annexure IIITRUE COPY OF THE NOTICE DATED 01.02.2021 DEMANDING A SUM OF RS. 18,15413/- ISSUED BY M/S. SKV ASSOCIATES, ADVOCATE OF THE RESPONDENT. Annexure IVTRUE COPY OF THE NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS, INTIMATING APPOINTED OF SRI. SUCHIT ANANT PALANDE, ADVOCATE AS THE SOLE ARBITRATOR VIDE LETTER DATED 11.02.2021. Annexure VTRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19.02.2201 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR. Annexure VITRUE COPY OF THE OBJECTION DATED 17.11.2021 SENT BY THE PETITIONERS ADDRESSED TO THE RESPONDENT CITING THE TWO RECENT JUDGMENTS PASSED BY THE HONBLE HIGH COURT OF KERALA AS WELL AS THE HONBLE APEX COURT OF INDIA AND ALSO TO REFRAIN FROM PROCEEDINGS FURTHER IN THE MATTER OF ARBITRATION PROCEEDINGS. Annexure VIITRUE COPY OF THE CLAIM PETITION DATED 31.03.2021 SENT BY RESPONDENT 1 AND 2. Annexure VIIITRUE COPY OF THE LOAN AGREEMENT NO. CV3136403 DATED 28.06.2016 EXECUTED BY THE PETITIONERS WITH THE IST RESPONDENT AT THE OFFICE OF THE RESPONDENT IN COCHIN AT ERNAKULAM. Annexure IXTRUE COPY OF THE CASE FILED BEFORE THE HONBLE IIIAQA JUDICIAL MAGISTRATE IST CLASS COURT AT LUDHIANA AS CNR 9625/2021 DATED 28.05.021 FILED BY THE LUDHIANA BRANCH OF THE IST RESPONDENT BANK AGAINST THE IST PETITIONER. ``` A.R. Nos. 112 of 2021 and connected cases 39 ] ``` Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12.11.2019 AGAINST THE PETITIONERS U/S 13 (2) OF THE SARFAEST ACT. RESPONDENT ANNEXURES Annexure R1 (a)True copy of the claim statement filed by the respondent Annexure R1 (b)True copy of counter statement filed by the petitioners 21.04.2021 ``` A.R. Nos. 112 of 2021 and connected cases 40 ] ## _`APPENDIX OF AR 22/2022`_ ## _`PETITIONER ANNEXURES`_ ``` Annexure ITRUE COPY OF THE RC CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.AR-01-J- 1394. Annexure IITRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24.03.2020. Annexure IIITRUE COPY OF THE NOTICE DATED 01.02.2021 DEMANDING A SUM OF RS.19,60,575/- ISSUED BY M/S SKV ASSOCIATES, ADVOCATE OF THE RESPONDENT. Annexure IVTRUE COPY OF THE NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS INTIMATING APPOINTED OF SRI.SUCHIT ANANT PALANDE, ADVOCATE AS THE SOLE ARBITRATOR VIDE LETTER DATED 11.02.2021. Annexure VTRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19.02.2021 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR. Annexure VITRUE COPY OF THE OBJECTION DATED 17.11.2021 SENT BY THE PETITIONERS ADDRESSED TO THE RESPONDENT CITING THE TWO RECENT JUDGMENTS PASSED BY THE HON'BLE HIGH COURT OF KERALA AS WELL AS THE HON'BLE APEX COURT OF INDIA AND ALSO TO REFRAIN FROM PROCEEDINGS FURTHER IN THE MATTER OF ARBITRATION PROCEEDINGS. Annexure VIITRUE COPY OF THE CLAIM PETITION DATED 31.03.2021 SENT BY RESPONDENTS 1 AND 2. Annexure VIIITRUE COPY OF THE LOAN AGREEMENT NO.CV3117428 DATED 02.06.2016 EXECUTED AT THE OFFICE OF 1ST PETITIONER AT IRINJALAKUDA, THRISSUR DISTRICT, KERALA STATE. Annexure IXTRUE COPY OF THE CASE FILED BEFORE THE HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST CLASS COURT AT LUDHIANA AS CNR 9625/2021 DATED 28.05.2021 FILED BY THE LUDHIANA BRANCH OF THE 1ST RESPONDENT BANK AGAINST THE 1ST PETITIONER. ``` A.R. Nos. 112 of 2021 and connected cases 41 ] ``` Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12.11.2019 AGAINST THE PETITIONERS U/S 13(2) OF THE SARFAISI ACT Annexure XITRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON 'BLE COURT IN ARBITRATION REQUEST NO.7/2022 ON 19.01.2022. ``` ``` RESPONDENT ANNEXURES Annexure R1 (a)True copy of counter statement filed by the petitioners 21.04.2021 ``` A.R. Nos. 112 of 2021 and connected cases 42 ] ## _`APPENDIX OF AR 23/2022`_ ``` PETITIONER ANNEXURES ``` ``` Annexure I ``` ``` TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24.03.2020. ``` ``` Annexure IITRUE COPY OF THE NOTICE DATED 01.02.2021 DEMANDING A SUM OF RS.18,33,413/-ISSUED BY M/S SKV ASSOCIATES, ADVOCATES OF THE RESPONDENT. ``` - _`Annexure III TRUE COPY OF THE NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS INTIMATING APPOINTED OF SRI.SUCHIT ANANT PALANDE, ADVOCATE AS THE SOLE ARBITRATOR VIDE LETTER DATED 11.02.2021.`_ - _`Annexure IV TRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19.02.2021 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR.`_ - _`Annexure V TRUE COPY OF THE OBJECTION DATED 17.11.2021 SENT BY THE PETITIONERS ADDRESSED TO THE RESPONDENT CITING THE TWO RECENT JUDGMENTS PASSED BY THE HON'BLE HIGH COURT OF KERALA AS WELL AS THE HON'BLE APEX COIURT OF INDIA AND ALSO TO REFRAIN FROM PROCEEDINGS FURTHER IN THE MATTER OF ARBITRATION PROCEEDINGS.`_ - _`Annexure VI TRUE COPY OF THE CLAIM PETITION DATED 31.03.2021 SENT BY RESPONDENTS 1 AND 2.`_ - _`Annexure VII TRUE COPY OF THE LOAN AGREEMENT NO.CV 3136418 DATED 28.06.2016 EXECUTED AT THE OFFICE OF 1ST PETITIONER AT IRINJALAKUDA, THRISSUR DISTRICT, KERALA STATE.`_ - _`Annexure VIII TRUE COPY OF THE CASE FILED BEFORE THE HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST CLASS COURT AT LUDHIANA AS CNR 96252021 DATED 28.05.2021 FILED BY THE LUDIANA BRANCH OF THE 1ST RESPONDENT BANK AGAINST THE 1ST PETITIONER.`_ - _`Annexure IX TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12.11.2019`_ ## A.R. Nos. 112 of 2021 and connected cases 43 ] ``` AGAINST THE PETITIONERS U/S 13 (2) OF THE SARFAESI ACT ``` ``` Annexure XTRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN ARBITRATION REQUEST NO.7/2022 ON 19.01.2022. ``` A.R. Nos. 112 of 2021 and connected cases 44 ] ## _`APPENDIX OF AR 24/2022`_ ## _`PETITIONER ANNEXURES`_ ``` Annexure ITRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24.03.2020. ``` - _`Annexure II TRUE COPY OF THE NOTICE DATED 01.02.2021 DEMANDING A SUM OF RS,18,32,325/- ISSUED BY M/S SKV ASSOCIATES, ADVOCATES OF THE RESPONDENT.`_ - _`Annexure III TRUE COPY OF THE NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS INTIMATING APPOINTED OF SRI.SUCHIT ANANT PALANDE, ADVOCATE AS THE SOLE ARBITRATOR VIDE LETTER DATED 11.02.2021.`_ - _`Annexure IV TRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19.02.2021 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR.`_ - _`Annexure V TRUE COPY OF THE OBJECTION DATED 17.11.2021 SENT BY THE PETITIONERS ADDRESSED TO THE RESPONDENT CITING THE TWO RECENT JUDGMENTS PASSED BY THE HON'BLE HIGH COURT OF KERALA AS WELL AS THE HON'BLE APEX COURT OF INDIA AND ALSO TO REFRAIN FROM PROCEEDINGS FURTHER IN THE MATTER OF ARBITRATION PROCEEDINGS.`_ - _`Annexure VI TRUE COPY OF THE CLAIM PETITION DATED 31.03.2021 SENT BY RESPONDENTS 1 AND 2.`_ - _`Annexure VII TRUE COPY OF THE LOAN AGREEMENT NO.CV3136441 DATED 28.06.2016 EXECUTED AT THE OFFICE OF 1ST PETITIONER AT IRINJALAKUDA, THRISSUR DISTRICT, KERALA STATE`_ - _`Annexure VIII TRUE COPY OF THE CASE FILED BEFORE THE HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST CLASS COURT AT LUDHIANA AS CNR 9625/2021 DATED 28.05.2021 FILED BY THE LUDHIANA BRANCH OF THE 1ST RESPONDENT BANK AGAINST THE 1ST PETITIONER`_ - _`Annexure IX TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12.11.2019`_ A.R. Nos. 112 of 2021 and connected cases 45 ] ``` AGAINST THE PETITIONERS U/S 13(2) OF THE SARFAESI ACT ``` ``` Annexure XTRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN ARBITRATION REQUEST NO.7/2022 ON 09.01.2022. ``` ``` RESPONDENT ANNEXURES ``` ``` Annexure R1 (a)True copy of counter statement filed by the petitioners 21.04.2021 ``` A.R. Nos. 112 of 2021 and connected cases 46 ] ## _`APPENDIX OF AR 25/2022`_ ## _`PETITIONER ANNEXURES`_ |_`Annexure`_|_`1`_|_`TRUE COPY OF THE RC CERTIFICATE OF THE`_| |---|---|---| |||_`VEHICLE BEARING REGISTRATION NO. AR-01-`_| |||_`J-1393.`_| |_`Annexure`_|_`ii`_|_`TRUE COPY OF THE NOTIFICATION ISSUED BY`_| |||_`THE GOVERNMENT OF INDIA ON 24.03.2020.`_| |_`Annexure`_|_`iii`_|_`TRUE COPY OF THE NOTICE DATED 01.02.2021`_| |||_`DEMANDING A SUM OF RS. 18,30, 140/-`_| |||_`ISSUED BY M/S. SKV ASSOCIATES, ADVOCATES`_| |||_`OF THE RESPONDENT.`_| |_`Annexure`_|_`iV`_|_`TRUE COPY OF THE NOTICE SENT BY THE`_| |||_`RESPONDENT ADDRESSED TO THE PETITIONERS`_| |||_`INTIMATING APPOINTED OF SRI. SUCHIT`_| |||_`ANANT PALANDE, ADVOCATE AS THE SOLE`_| |||_`ARBITRATOR VIDE LETTER DATED 11.02.2021.`_| |_`Annexure`_|_`V`_|_`TRUE COPY OF THE OBJECTION SENT BY THE`_| |||_`PETITIONERS ON 19.02.2021 OBJECTING THE`_| |||_`APPOINTMENT OF SOLE ARBITRATOR.`_| |_`Annexure`_|_`VI`_|_`TRUE COPY OF THE OBJECTION DATED`_| |||_`17.11.2021 SENT BY THE PETITIONERS`_| |||_`ADDRESSED TO THE RESPONDENT CITING THE`_| |||_`TWO RECENT JUDGMENTS PASSED BY THE`_| |||_`HON'BLE HIGH COURT OF KERALA, AS WELL AS`_| |||_`THE HON'BLE APEX COURT OF INDIA, AND`_| |||_`ALSO TO REFRAIN FROM PROCEEDINGS FURTHER`_| |||_`IN THE MATTER OF ARBITRATION`_| |||_`PROCEEDINGS.`_| |_`Annexure`_|_`VII`_|_`TRUE COPY OF THE CLAIM PETITION DATED`_| |||_`31.03.2021 SENT BY RESPONDENTS 1 AND 2.`_| |_`Annexure`_|_`VIII`_|_`TRUE COPY OF THE LOAN AGREEMENT NO.`_| |||_`C3136383 DATED 28.06.2016 EXECUTED BY`_| |||_`THE PETITIONERS WITH THE 1ST RESPONDENT`_| |||_`AT THEIR OFFICE AT IRINJALAKUDA.`_| |_`Annexure`_|_`IX`_|_`TRUE COPY OF THE CASE FILED BEFORE THE`_| |||_`HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST`_| |||_`CLASS COURT AT LUDHIANA AS CNR 9625/2021`_| |||_`DATED 28.05.2021 FILED BY THE LUDHIANA`_| |||_`BRANCH OF THE 1ST RESPONDENT BANK`_| |||_`AGAINST THE 1ST PETITIONER.`_| A.R. Nos. 112 of 2021 and connected cases 47 ] ``` Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12.11.2019 AGAINST THE PETITIONERS U/S. 13 (2) OF THE SARFAESI ACT. RESPONDENT ANNEXURES Annexure R1 (a)True copy of the claim statement filed by the respondent Annexure R1 (b)True copy of counter statement filed by the petitioners 21.04.2021 ``` A.R. Nos. 112 of 2021 and connected cases 48 ] ## _`APPENDIX OF AR 26/2022`_ ``` PETITIONER ANNEXURES ``` ``` Annexure ITRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24.03.2020 ``` - _`Annexure II TRUE COPY OF THE NOTICE DATED 01.02.2021 DEMANDING A SUM OF RS.18,33, 152/ISSUED BY M/S SKV ASSOCIATES, ADVOCATES OF THE RESPONDENT.`_ - _`Annexure III TRUE COPY OF THE NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS INTIMATING APPOINTED OF SRI.SUCHIT ANANT PALANDE, ADOVOCATE AS THE SOLE ARBITRATOR VIDE LETTER DATED 11.02.2021.`_ - _`Annexure IV TRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19.02.2021 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR.`_ - _`Annexure V TRUE COPY OF THE OBJECTION DATED 17.11.2021 SENT BY THE PETITIONERS ADDRESSED TO THE RESPONDENT CITING THE TWO RECENT JUDGMENTS PASSED BY THE HON'BLE HIGH COURT OF KERALA AS WELL AS THE HON'BLE APEX COURT OF INDIA AND ALSO TO REFRAIN FROM PROCEEDINGS FURTHER IN THE MATTER OF ARBITRATION PROCEEDINGS.`_ - _`Annexure VI TRUE COPY OF THE CLAIM PETITION DATED 31.03.2021 SENT BY RESPONDENTS 1 AND 2.`_ - _`Annexure VII TRUE COPY OF THE LOAN AGREEMENT NO.CV3136398 DATED 28.06.2016 EXECUTED AT THE OFFICE OF 1ST PETITIONER AT IRINJALAKUDA, THRISSUR DISTRICT, KERALA STATE`_ - _`VIII TRUE COPY OF THE CASE FILED BEFORE THE HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST CLASS COURT AT LUDHIANA AS CNR 9625/2021 DATED 28.05.2021 FILED BY THE LUDHIANA BRANCH OF THE 1ST RESPONDENT BANK AGAINST THE 1ST PETITIONER.`_ - _`Annexure IX TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12.11.2019 AGAINST THE PETITIONER U/S 13(2)OF THE`_ A.R. Nos. 112 of 2021 and connected cases 49 ] ## _`SARFAESI ACT.`_ ``` Annexure XTRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN ARBITRATION REQUEST NO.7/2022 ON 19.01.2022. RESPONDENT ANNEXURES Annexure R1 (a)True copy of the claim statement filed by the respondent Annexure R1 (b)True copy of counter statement filed by the petitioners 21.04.2021 ``` A.R. Nos. 112 of 2021 and connected cases 50 ] ## _`APPENDIX OF AR 27/2022`_ ## _`PETITIONER ANNEXURES`_ ``` Annexure ITRUE COPY OF THE RC CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO. AR-01- J-1385 ``` ``` Annexure IITRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24.03.2020. ``` ``` Annexure IIITRUE COPY OF THE NOTICE DATED 01.02.2021 DEMANDING A SUM OF RS. 19,62,992/- ISSUED BY M/S. SKV ASSOCIATES, ADVOCATES OF THE RESPONDENT. ``` - _`Annexure IV TRUE COPY OF THE NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS INTIMATING APPOINTED OF SRI. SUCHIT ANANT PALANDE, ADVOCATE AS THE SOLE ARBITRATOR VIDE LETTER DATED 11.02.2021.`_ - _`Annexure V TRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19.02.2021 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR.`_ ``` Annexure VITRUE COPY OF THE OBJECTION DATED 17.11.2021 SENT BY THE PETITIONERS ADDRESSED TO THE RESPONDENT CITING THE TWO RECENT JUDGMENTS PASSED BY THE HON'BLE HIGH COURT OF KERALA, AS WELL AS THE HON'BLE APEX COURT OF INDIA, AND ALSO TO REFRAIN FROM PROCEEDINGS FURTHER INTHEMATTEROFARBITRATION PROCEEDINGS. ``` ``` Annexure VIITRUE COPY OF THE CLAIM PETITION DATED 31.03.2021 SENT BY RESPONDENTS 1 AND 2. ``` - _`Annexure VIII TRUE COPY OF THE LOAN AGREEMENT NO. CV3117393 DATED 28.06.2016 EXECUTED BY THE PETITIONERS WITH THE 1ST RESPONDENT AT THE OFFICE OF THE RESPONDENT IN COCHIN AT ERNAKULAM.`_ ``` Annexure IXTRUE COPY OF THE CASE FILED BEFORE THE HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST CLASS COURT AT LUDHIANA AS CNR 9625/2021 DATED 28.05.2021 FILED BY THE LUDHIANA ``` A.R. Nos. 112 of 2021 and connected cases 51 ] ``` BRANCH OF THE 1ST RESPONDENT BANK AGAINST THE 1ST PETITIONER. ``` ``` Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12.11.2019 AGAINST THE PETITIONERS U/S. 13 (2) OF THE SARFAESI ACT. ``` ## _`RESPONDENT ANNEXURES`_ ``` Annexure R1 (a)True copy of the claim statement filed by the respondent Annexure R1 (b)True copy of counter statement filed by the petitioners 21.04.2021 ``` A.R. Nos. 112 of 2021 and connected cases 52 ``` APPENDIX OF AR 28/2022 ``` ] ## _`PETITIONER ANNEXURES`_ |_`Annexure I`_|_`TRUE COPY OF THE RC CERTIFICATE OF THE`_| |---|---| ||_`VEHICLE BEARING REGISTRATION NO.AR-01-J-`_| ||_`1387.`_| |_`Annexure II`_|_`TRUE COPY OF THE NOTIFICATION ISSUED BY`_| ||_`THE GOVERNMENT OF INDIA ON 24.03.2020.`_| |_`Annexure III`_|_`TRUE COPY OF THE NOTICE DATED 01.02.2021`_| ||_`DEMANDING OF SUM OF RS.18,30,576/-`_| ||_`ISSUED BY M/S SKV ASSOCIATES, ADVOCATES`_| ||_`OF THE RESPONDENT.`_| |_`Annexure IV`_|_`TRUE COPY OF THE NOTICE SENT BY THE`_| ||_`RESPONDENT ADDRESSED TO THE PETITIONERS`_| ||_`INTIMATING APPOINTED OF`_| ||_`SRI.SUCHITANANTPALANDE, ADVOCATES THE`_| ||_`SOLE ARBITRATOR VIDE LETTER DATED`_| ||_`11.02.2021`_| |_`Annexure V`_|_`TRUE COPY OF THE OBJECTION SENT BY THE`_| ||_`PETITONERS ON 19.02.2021 OBJECTING THE`_| ||_`APPOINTMENT OF SOLE ARBITRATOR.`_| |_`Annexure VI`_|_`TRUE COPY OF THE OBJECTION DATED`_| ||_`17.11.2021 SENT BY THE PETITIONERS`_| ||_`ADDRESSED TO THE RESPONDENT CITING THE`_| ||_`TWO RECENT JUDGMENTS PASSED BY THE`_| ||_`HON'BLE HIGH COURT OF KERALA AS WELL AS`_| ||_`THE HON'BLE APEX COURT OF INDIA AND ALSO`_| ||_`TO REFRAIN FROM PROCEEDINGS FURTHER IN`_| ||_`THE MATTER OF ARBITRATION PROCEEDINGS.`_| |_`AnnexuRE VII`_|_`TRUE COPY OF THE CLAIM PETITION DATED`_| ||_`31.03.2021 SENT BY RESPONDENTS 1 AND 2.`_| |_`Annexure VIII`_|_`TRUE COPY OF THE LOAN AGREEMENT`_| ||_`NO.CV3136437 DATED 28.06.2016 EXECUTED`_| ||_`BY THE PETITIONERS WITH THE 1ST`_| ||_`RESPONDENT AT THE OFFICE OF THE`_| ||_`RESPONDENT IN COCHIN AT ERNAKULAM`_| |_`Annexure IX`_|_`TRUE COPY OF THE CASE FILED BEFORE THE`_| ||_`HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST`_| ||_`CLASS COURT AT LUDIANA AS CNR 9625/2021`_| ||_`DATED 28.05.2021 FILED BY THE LUDHIANA`_| ||_`BRANCH OF THE 1ST RESPONDENT BANK`_| 53 A.R. Nos. 112 of 2021 and connected cases ] ``` AGAINST THE 1ST PETITIONER. ``` ``` Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12.11.2019 AGAINST THE PETITIONERS U/S 13(2) OF THE SAFAESI ACT ``` A.R. Nos. 112 of 2021 and connected cases 54 ] ## _`APPENDIX OF AR 31/2022`_ ## _`PETITIONER ANNEXURES`_ ``` Annexure ITRUE COPY OF THE RC CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.AR-01-J- 1392. ``` ``` Annexure IITRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24/03/2020. ``` ``` Annexure IIITRUE COPY OF THE NOTICE DATED 01/02/2021 DEMANDING A SUM OF RS.18,96,839/- ISSUED BY M/S.SKV ASSOCIATES, ADVOCATES OF THE RESPONDENT. ``` - _`Annexure IV TRUE COPY OF THE NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS INTIMATING APPOINTED OF SRI.SUCHIT ANANT PALANDE, ADVOCATE AS THE SOLE ARBITRATOR VIDE LETTER DATED 11/02/2021.`_ - _`Annexure V TRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19/02/2021 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR.`_ - _`Annexure VI TRUE COPY OF THE OBJECTION DATED 17/11/2021 SENT BY THE PETITIONERS ADDRESSED TO THE RESPONDENT CITING THE TWO RECENT JUDGMENTS WELL AS THE HON'BLE HIGH COURT OF KERALA AS WELL AS THE HON'BLE APEX COURT OF INDIA AND ALSO TO REFRAIN FROM PROCEEDINGS FURTHER IN THE MATTER OF ARBITRATION PROCEEDINGS.`_ ``` Annexure VIITRUE COPY OF CLAIM PETITION DATED 31/03/2021 SENT BY RESPONDENTS 1 AND 2. ``` - _`Annexure VIII TRUE COPY OF THE LOAN AGREEMENT NO.CV3117263 DATED 02/06/2016 EXECUTED AT THE OFFICE OF 1ST PETITIONER AT IRINJALAKUDA, THRISSUR DISTRICT, KERALA STATE.`_ - _`Annexure IX TRUE COPY OF THE CASE FILED BEFORE THE HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST CLASS COURT AT LUDHIANA AS CNR 9625/2021 DATED 28/05/2021 FILED BY THE LUDHIANA BRANCHOF THE 1ST RESPONDENT BANK AGAINST`_ A.R. Nos. 112 of 2021 and connected cases 55 ] ## _`THE 1ST PETITIONER.`_ ``` Annexure X ``` ``` TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12/11/2019 AGAINST THE PETITIONERS U/S 13(2) OF THE SARFASI ACT. ``` ``` Annexure XITRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN ARBITRATION REQUEST NO.7/2022 ON 19/01/2022. ``` ``` RESPONDENT ANNEXURES ``` ``` Annexure R1(a)True copy of the claim statement filed by the respondent ``` ``` Annexure R1(b)True copy of counter statement filed by the petitioners 21.04.2021 ``` A.R. Nos. 112 of 2021 and connected cases 56 ] ## _`APPENDIX OF AR 32/2022`_ ## _`PETITIONER ANNEXURES`_ |_`Annexure I`_|_`TRUE COPY OF THE RC CERTIFICATE OF THE`_| |---|---| ||_`VEHICLE BEARING REGISTRATION NO.AR-01-J-`_| ||_`1386.`_| |_`Annexure II`_|_`TRUE COPY OF THE NOTIFICATION ISSUED BY`_| ||_`THE GOVERNMENT OF INDIA ON 24/03/2020.`_| |_`Annexure III`_|_`TRUE COPY OF THE NOTICE DATED 01/02/2021`_| ||_`DEMANDING OF SUM OF RS.19,59,966/-`_| ||_`ISSUED BY M/S.SKV ASSOCIATES, ADVOCATES`_| ||_`OF THE RESPONDENT.`_| |_`Annexure IV`_|_`TRUE COPY OF THE NOTICE SENT BY THE`_| ||_`RESPONDENT ADDRESSED TO THE PETITIONERS`_| ||_`INTIMATING APPOINTED OF SRI.SUCHIT ANANT`_| ||_`PALANDE, ADVOCATE AS THE SOLE ARBITRATOR`_| ||_`VIDE LETTER DATED 11/02/2021.`_| |_`Annexure V`_|_`TRUE COPY OF THE OBJECTION SENT BY THE`_| ||_`PETITIONERS ON 19/02/2021 OBJECTING THE`_| ||_`APPOINTMENT OF SOLE ARBITRATOR.`_| |_`Annexure VI`_|_`TRUE COPY OF THE OBJECTION DATED`_| ||_`17/11/2021 SENT BY THE PETITIONERS`_| ||_`ADDRESSED TO THE RESPONDENT CITING THE`_| ||_`TWO RECENT JUDGMENTS PASSED BY THE`_| ||_`HON'BLE HIGH COURT OF KERALA AS WELL AS`_| ||_`THE HON'BLE APEX COURT OF INDIA AND ALSO`_| ||_`TO REFRAIN FROM PROCEEDINGS FURTHER IN`_| ||_`THE MATTER OF ARBITRATION PROCEEDINGS.`_| |_`Annexure VII`_|_`TRUE COPY OF THE CLAIM PETITION DATED`_| ||_`31/03/2021 SENT BY RESPONDENTS 1 AND 2.`_| |_`Annexure VIII`_|_`TRUE COPY OF THE LOAN AGREEMENT`_| ||_`NO.CV3117409 DATED 02/06/2016 EXECUTED`_| ||_`AT THE OFFICE OF 1ST PETITIONER OF`_| ||_`IRINJALAKUDA, THRISSUR DISTRICT, KERALA`_| ||_`STATE.`_| |_`Annexure IX`_|_`TRUE COPY OF THE CASE FILED BEFORE THE`_| ||_`HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST`_| ||_`CLASS COURT AT LUDHIANA AS CNR 9625/2021`_| ||_`DATED 28/05/2021 FILED BY THE LUDHIANA`_| ||_`BRANCH OF THE 1ST RESPONDENT BANK`_| ||_`AGAINST THE 1ST PETITIONER.`_| 57 A.R. Nos. 112 of 2021 and connected cases ] ``` Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12/11/2019 AGAINST THE PETITIONERS U/S. 13(2) OF THE SARFAEASI ACT. Annexure XITRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN ARBITRATION REQUEST NO.7/2011 ON 19/01/2022 ``` A.R. Nos. 112 of 2021 and connected cases 58 ] ## _`APPENDIX OF AR 33/2022`_ ## _`PETITIONER ANNEXURES`_ ``` Annexure ITRUE COPY OF THE RC CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.A4-01-J- 1389. Annexure IITRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 24/03/2020. Annexure IIITRUE COPY OF THE NOTICE DATED 01/02/2021 DEMANDING A SUM OF RS.19,60,597/- ISSUED BY M/S.SKV ASSOCIATES, ADVOCATES OF THE RESPONDENT. Annexure IVTRUE COPY OF TH NOTICE SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONERS INTIMATING APPOINTED OF SRI.SUCHIT ANANT PALANDE, ADVOCATE AS THE SOLE ARBITRATOR VIDE LETTER DATED 11/02/2021. Annexure VTRUE COPY OF THE OBJECTION SENT BY THE PETITIONERS ON 19/02/2021 OBJECTING THE APPOINTMENT OF SOLE ARBITRATOR. Annexure VITRUE COPY OF THE OBJECTION DATED 17/11/2021 SENT BY THE PETITIONERS ADDRESSED TO THE RESPONDENT CITING THE TWO RECENT JUDGMENTS PASSED BY THE HON'BLE HIGH COURT OF KERALA AS WELL AS THE HON'BLE APEX COURT OF INDIA AND ALSO TO REFRAIN FROM PROCEEDINGS FURTHER IN THE MATTER OF ARBITRATION PROCEEDINGS. Annexure VIITRUE COPY OF THE CLAIM PETITION DATED 31/03/2021 SENT BY RESPONDENTS 1 AND 2. Annexure VIIITRUE COPY OF THE LOAN AGREEMENT NO.CV3117413 DATED 02/06/2016 EXECUTED AT THE OFFICE OF 1ST PETITIONER AT IRINJALAKUDA, THRISSUR DISTRICT KERALA STATE. Annexure IXTRUE COPY OF THE CASE FILED BEFORE THE HON'BLE ILLAQA JUDICIL MAGISTRATE 1ST CLASS COURT AT LUDHIANA AS CNR 9625/2021 DATED 28/05/2021 FILED BY THE LUDHIANA BRANCH OF THE 1ST RESPONDENT BANK AGAINST THE 1ST PETITIONER. ``` A.R. Nos. 112 of 2021 and connected cases 59 ] ``` Annexure XTRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS 1 TO 3 ON 12/11/2019 AGAINST THE PETITIONERS U/S. 13(2) OF THE SARFAEASI ACT. Annexure XITRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN ARBITRATION REQUEST NO.7/2022 ON 19/01/2022. ``` ``` RESPONDENT ANNEXURES Annexure R1(b)True copy of counter statement filed by the petitioners 21.04.2021 Annexure R1(a)True copy of the claim statement filed by the respondent ``` A.R. Nos. 112 of 2021 and connected cases 60 ] ## _`APPENDIX OF AR 38/2022`_ ## _`PETITIONER ANNEXURES`_ |_`Annexure I`_|_`TRUE COPY OF THE NOTIFICATION ISSUED BY`_| |---|---| ||_`THE GOVERNMENT OF INDIA ON 24/03/2020.`_| |_`Annexure II`_|_`TRUE COPY OF THE NOTICE DATED 01/02/2021`_| ||_`DEMANDING A SUM OF RS.18,33,540/- ISSUED`_| ||_`BY M/S.SKV ASSOCIATES, ADVOCATES OF THE`_| ||_`RESPONDENT.`_| |_`Annexure III`_|_`TRUE COPY OF THE NOTICE SENT BY THE`_| ||_`RESPONDENT ADDRESSED TO THE PETITIONERS`_| ||_`INTIMATING APPOINTED OF SRI.SUCHIT ANANT`_| ||_`PALANDE, ADVOCATE AS THE SOLE ARBITRATOR`_| ||_`VIDE LETTER DATED 11/02/2021.`_| |_`Annexure IV`_|_`TRUE COPY OF THE OBJECTION SENT BY THE`_| ||_`PETITIONERS ON 19/02/2021 OBJECTING THE`_| ||_`APPOINTMENT OF SOLE ARBITRATOR.`_| |_`Annexure V`_|_`TRUE COPY OF THE OBJECTION DATED`_| ||_`17/11/2021 SENT BY THE PETITIONERS`_| ||_`ADDRESSED TO THE RESPONDENT CITING THE`_| ||_`TWO RECENT JUDGMENTS PASSED BY THE`_| ||_`HON'BLE HIGH COURT OF KERALA AS WELL AS`_| ||_`THE HON'BLE APEX COURT OF INDIA AND ALSO`_| ||_`TO REFRAIN FROM PROCEEDINGS FURTHER IN`_| ||_`THE MATTER OF ARBITRATION PROCEEDINGS.`_| |_`Annexure VI`_|_`TRUE COPY OF THE CLAIM PETITION DATED`_| ||_`31/03/2021 SENT BY RESPONDENT 1 AND 2.`_| |_`Annexure VII`_|_`TRUE COPY OF THE LOAN AGREEMENT`_| ||_`NO.CV3136422 DATED 28/06/2016 EXECUTED`_| ||_`AT THE OFFICE OF 1ST PETITIONER AT`_| ||_`IRINJALAKUDA, THRISSUR DISTRICT, KERALA`_| ||_`STATE.`_| |_`Annexure VIII`_|_`TRUE COPY OF THE CASE FILED BEFORE THE`_| ||_`HON'BLE ILLAQA JUDICIAL MAGISTRATE 1ST`_| ||_`CLASS COURT AT LUDHIANA AS CNR 9625/2021`_| ||_`DATED 28/05/2021 FILED BY THE LUDHIANA`_| ||_`BRANCH OF THE 1ST RESPONDENT BANK`_| ||_`AGAINST THE 1ST PETITIONER.`_| |_`Annexure IX`_|_`TRUE COPY OF THE DEMAND NOTICE ISSUED BY`_| ||_`THE RESPONDENTS 1 TO 3 ON 12/11/2019`_| ||_`AGAINST THE PETITIONERS U/S. 13(2) OF`_| 61 A.R. Nos. 112 of 2021 and connected cases ] ## _`THE SARFAESI ACT.`_ ``` Annexure X ``` ``` TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN ARBITRATION REQUEST NO.7/2022 ON 19/01/2022. ``` 62 ## A.R. Nos. 112 of 2021 and connected cases ]