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1986 DIGILAW 28 (DEL)

MOTOR AND GENERAL FINANCE LIMITED v. M. D. PAPPACHAN

1986-01-21

D.P.WADHWA

body1986
D. P. Wadhwa ( 1 ) THIS is a petition under Section 20 of the Arbitration Act. Both the respondents are ex-parte. The petitioner has led evidence by means of affidavit. The affidavit filed is that of Mr. A. K. . Ahluwalia, General Attorney of the petitioner. ( 2 ) UNDER hire-purchase agreement dated 25th August, 1981 the petitioner, which is a public limited company, gave motor vehical bearing registration No. KLY-2953 to respondent Nc. 1 as hirer on the guarantee of respondent No. 2. The liability of both the respondents is joint and several. This hirepurchase agreement contained an arbitration clause it being clause No. VI which constituted arbitration agreement between the parties. Under this the parties agreed that their disputes and differences would be referred to the sole arbitration of Mr. Bal Krishan Jain, Advocate and in the alternative to Mr. Inderjit Gulati, Advocate. ( 3 ) DISPUTES and differences having arisen the petitioner invoked the arbitration clause. Therefore, the present petition came be to filed. The subject disputes are mentioned in para-8 of the petition. ( 4 ) THUS, from the record I find that there is an arbitration agreement between the parties and the subject disputes are covered thereunder. There is no reason why the arbitration agreement be not filed and disputes referred to arbitration. ( 5 ) THE petition is accordingly allowed and the arbitration agreement is directed to be filed. The disputes mentioned in para-8 of the petition are referred to the sole arbitration of Mr. Bal Krishan Jain, Advocate, who will enter into the reference and will give his award in accordance with law. The fee of the arbitration is fixed at Rs. 1,000. 00 in the first instance, to be payable by the petitioner. There will, however, be no order as to costs. ( 6 ) A copy of this order will be sent to the arbitrator.