TRANS ASIA AUTO AND GENERAL FINANCE LIMITED v. S. NARINDER SINGH
1986-11-12
H.C.GOEL
body1986
DigiLaw.ai
H. C. Goel ( 1 ) THIS is a petition under Section 20 of the Arbitration Act with the prayer that disputes having arisen between the parties, may be referred to the arbitration of the arbitrator in accordance with the hire purchase agreement which included the arbitration clause. The petitioner had given the motor vehicle in question to respondent No 1 on hire purchase vide agreement dated February 23, 1983. It is alleged that disputes have arisen between the parties relating to the hire purchase agreement which should be referred to the named arbitrator as per the agreement as entered into between the parties. Respondent No. 1 only contested the application. Respondents No. 2 to 3 have been proceeded ex-parte. ( 2 ) ON the pleadings of the parties the following issues were framed:- 1. Whether this Court has got the jurisdiction to hear and try the petition? 2. Relief. ( 3 ) FINDINGS Issue No. 1. The petitioner has put the valuation of the petition at Rs. 1,07,000. 00. It is alleged by the petitioner that a sum of Rs. 37,000. 00 is due to it from the respondents towards over-due hire money and compensation charges and other expenses in accordance with the terms of the agreement as entered into between the parties. The petitioner has further alleged that as per the agreement of the parties respondent No. I is liable to deliver back the vehicle in question and that the present market value of the vehicle is Rs. 70,000. 00. The petitioner has tendered in evidence an affidavit of one Shri Mahender Nath Gupta, Director of the petitioner company. In paragraph 4 of the said affidavit Mr. Gupta has stated that the present market value of the vehicle is Rs. 70. 000. 00. Respondent No. 1 has not filed any counter-affidavit to this affidavit. Thus from the said affidavit of Mr. Gupta it appears that the market value of the vehicle in question is about Rs. 70,000. 00. It is thus clear that the valuation of the subject-matter of the petition is placed by the petitioner is correct. The issue is accordingly decided in favour of the petitioner. Relief. ( 4 ) AS a result of my above finding I allow the petition. The matters in dispute as stated in the petition are referred to the arbitration of Mr.
The issue is accordingly decided in favour of the petitioner. Relief. ( 4 ) AS a result of my above finding I allow the petition. The matters in dispute as stated in the petition are referred to the arbitration of Mr. Shashi Vansh Bahadur, the named arbitration in the agreement which is now exhibited as Ex. PI, and the execution of which stands proved by the evidence of Shri Gupta. The arbitrator will give his award in accordance with law. The parties to bear their own costs of these proceedings. A copy of this order be sent to the arbitrator.