IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.06.2011 CORAM THE HON'BLE MR. JUSTICE VINOD K.SHARMA A.No.990 of 2011 ORDER This application has been filed under Order XIV Rule 8 of O.S. Rules r/w Sec.9 of Arbitration & Conciliation Act, 1996 to pass a prohibitory order prohibiting the second respondent/Garnishee from making any payment to the extent of claim amount i.e. Rs.4,75,221/- to the first respondent and to deposit the amount to the credit of the applicant. 2 The basis for filing this application is arbitration clause in the Card holder agreement which reads as under: "Any dispute, difference and/or claims arising out of in connection with or in relation to this Agreement, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and any subsequent statutory amendment, if any, to the Act, by a sole arbitrator to be appointed by the Bank. Any arbitration award/direction passed shall be final and binding on the parties. The venue of such arbitration shall be at Mumbai." 3 The reading of the arbitration clause in the Card holder agreement clearly shows that the agreement gives jurisdiction to Mumbai Court only to deal with arbitration proceedings and therefore this application being totally misconceived is not competent. 4 Accordingly, this application is dismissed. No costs. vaan