TRANS ASIA AUTO AND GENERAL FINANCE LIMITED v. RANIG BHAI SURIG BHAI GIDA
1986-11-17
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 the matters in dispute that have arisen between the parties be referred to arbitration of Shri Shashi Vansh Bahadur, Advocate, the named arbitrator in accordance with the terms of the agreement as entered into between the parties. Name of the three respondents appeared in the case despite their having been duly served, on which they were proceeded ex-parte. ( 2 ) THE petitioner in its ex-parte evidence has tendered in evidence an the affidavit of Shri Mohinder Nath Gupta, Director of the petitioner- company. From his evidence on affidavit, the due execution of the Hire- Purchase Agreement which is now marked Ex. P 1 stands prima facie proved. Further from his affidavit and the Hire-purchase Agreement Ex. PI it stands proved that the parties had entered into the Hire-Purchase Agreement Ex. P 1 and disputes have arisen between them arising out of that agreement which are liable to be referred to the arbitration of Shri Raj Paul Sagar, Advocate, the named arbitrator as per the agreement Ex. PI. The petition is accordingly allowed and the matters in dispute are accordingly referred to the arbitration of Shri Shashi Vansh Bahadur, Advocate, in accordance with the arbitration agreement who shall give his award in accordance with law. A copy of this order be sent to Shri Shashi Vansh Bahadur, Advocate/arbitrator for necessary action. LA. 4160/85 : The Receiver has not filed his report. Ms. Mamta, counsel for the petitioner states that the Receiver has not as yet effected the sale of the vehicle. The Receiver is directed to effect the sale as per order dated 7th November, 1986 passed in I. A. 6134/86 and to file the report in the Court by 3rd February, 1987.