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1986 DIGILAW 387 (DEL)

JAIPAL SINGH v. GURU NANAK INVESTMENT COMPANY

1986-11-12

S.B.WAD

body1986
S. B. Wad ( 1 ) THIS appeal is between the same parties in F. A. O. 169/85. In this case the appeal is filed by Jaipal Singh who is Respondent No. I in that appeal is in relation to truck number DHL-230. In this case there was a similar hire purchase agreement which contained an arbitration clause 15 (b) of the Arbitration. The learned Additional District and Sessions Judge found that the transaction was genuine. M/s. Guru Nanak Investment Company had produced the original hire purchase recordfrom the Transport Authorities. The learned Judge, therefore, allowed the application under Section 20 of the Arbitration Act and directed that the dispute be referred to the sole arbitration of O. P. Narang, In this case also the submission of Jaipal Singh was that there was no hire purchase agreement, that the signatures of the hirers were obtained on a blank paper and without any consideration. The learned Additional District and Sessions Judge, on the basis of the evidence before him, had not found any merit in the submission of the hirers. ( 2 ) THE counsel for Jaipal Singh could not demonstrate as to how the findings of the learned Additional District and Sessions Judge were wrong. On reading the judgment I do not find any infirmity in it. The appeal is dismissed with costs. ( 3 ) IN this case it is submitted on behalf of M/s. Guru Nanak Investment Company that Jaipal Singh, Mohan Lal and Badlu Ram (hirers) be directed to handover the truck to them alongwith the registration papers. It is submitted that they will hold the truck in the same condition till the disposal of the arbitration proceedings and that they will abide by the orders of the Arbitrator in relation to the sale and appropriation of the amount. In the interest of justice the said hirers are directed to handover truck number DHL-230 to M/s. Guru Nanak Investment Company, who would maintain the possession of the said truck in the same condition till the arbitration award is made. The Arbitrator may give appropriate directions regarding the same and appropriation of the amount realised from the sale of the truck. ( 4 ) THE Arbitrators in both the appeals shall render their awards within the statutory period from the date on which they enter on the reference. The original records be sent to them immediately. The Arbitrator may give appropriate directions regarding the same and appropriation of the amount realised from the sale of the truck. ( 4 ) THE Arbitrators in both the appeals shall render their awards within the statutory period from the date on which they enter on the reference. The original records be sent to them immediately. On receipt of the records the Arbitrators would give the notice to the parties of the dates on which the proceedings are to be held.