Leila Seth ( 1 ) THIS is a suit under section 20 of the Arbitration Act, 1940. Certain disputes and differences as set out in paragraph 9 of the petition arose between the parties. Clause VI of the agreement between the parties dated 10th December, 1982 is as follows : "clause VI- (a) All disputes, differences, and or claims, arising out of this HIRE PURCHASE AGREEMENT, shall be settled by arbitration, in accordance with the provisions of (he INDIAN ARBITRATION ACT 1940, or any statutory amendments thereof and shall be referred to the sole arbitration of Shri Balkrishan Jain ADVOCATE, DEHI, or in case of his death, refusal, neglect, inability, or incapability to act as an arbitrator, to the sole arbitration of Shri INDERJ1t GULATI, ADVOCATE. The reference of the Arbitrators shall be within the CLAUSES, TERMS AND CONDITIONS of the Agreement. The award given by the Arbitrator shall be final and binding on all the Parties concerned. " ( 2 ) SUMMONS were served on both the respondents. However, neither of them has appeared. ON 18th August, 1986, the court directed that they be proceeded ex parte. The petitioner was ordered to file affidavits by way of evidence. ( 3 ) ON 19th August, 1986, an affidavit was filed by Mr. A. K. Ahluwalia, General Attorney of the petitioner-company. He filed a signed carbon copy of the hire-purchase agreement dated 10th December. 1982 along with the said affidavit. He also identified the signatures of the respondents on the said agreement and averred that the original agreement was duly stamped with the requisite stamp, but is not traceable. ( 4 ) ACCORDING to him, in terms of the agreement, respondent No. 1 agreed to pay Rs 2,85,300. 00 in 47 hire instalments. However, respondent No. 1 has paid only Rs. 68. 700. 00 towards hire money and Rs. 11,000. 00 towards compensation charges. As such, a sum of Rs. 1,50,600. 00is payable as hire money and Rs. 41,735. 00 towards compensation charges. That despite demands and personal contacts, the payments have not been made. ( 5 ) THE vehicle, which is the subject matter of the hire-purchase agreement, has been seized in pursuance of this court s order and is now in possession of the Receiver, Mr. V. K. Abdul Qadir, appointed by this court. 41,735. 00 towards compensation charges. That despite demands and personal contacts, the payments have not been made. ( 5 ) THE vehicle, which is the subject matter of the hire-purchase agreement, has been seized in pursuance of this court s order and is now in possession of the Receiver, Mr. V. K. Abdul Qadir, appointed by this court. ( 6 ) IN the facts and circumstances of the case, I direct the arbitration agreement to be filed in court and the disputes and differences arising in connection with the said aibitration as set out in paragraph 9 of the petition be referred to the sole arbitration of Mr. Bal Krishaa Jain, Advocate, Delhi. ( 7 ) THE said arbitrator should make his award within four months from the date of entering the reference. ( 8 ) A copy of this order should be sent forthwith to the above mentioned arbitrator. Counsel for the petitioner will furnish the arbitrator s address. ] ( 9 ) THE petition is allowed as above indicated. However, there will be no order as to costs.