N. C. Kochhar ( 1 ) THE petitioner. The Instalment Supply (P) Ltd. , has filed this petition under Section 20 of the Arbitration Act, 1940 stating that the petitioner is carrying on business of Hire Purchase of Motor Vehicles and Mr. Krishan Bans Bahadur who has signed and verified the petition is the Joint Managing Director of the petitioner-company and is duly authorised to sign and verify the pleadings and to institute this suit. it has been alleged that on llth January, 1985 the respondent No. 1 had taken on hire a truck registered No. UHR 9802 bearing Chassis No. 344050 197175 and Engine No. 692 DO3 204934 make-Tata Diesal 1985 Model under a Hire Purchase Agreement and respondents No. 2 to 4 had stood guarantee for due performance of the terms of the Agreement and that under the said Agreement the respondent No. 1 had paid to the petitioner the sum of Rs. 32,073. 53 as entitled payment by way of premium for agreeing to give on hire the said truck and had further agreed to pay 34 monthly instalments each and one instalment of Rs. 5900. 00 to the petitioner; first instalment falling due on 3rd March, 1985and subsequent instalments payable by 3rd of each succeeding month. It has been stated that the agreement between the parties contains clause III according to which in the event of disputes between the parties, the matter is to be referred to the sole arbitrator of either Mr. Ramesh Chand, Advocate or Mr. Sarveshwar Dayal, Advocate or Mr. Anand Kumar, Advocate or Mr. Virender Kumar, Advocate at the option of the party raising the question of matter in difference. It has been alleged that disputes have arisen between the parties inasmuch as the respondents have not cared to pay the instalments and also to return the vehicle. The petitioner has prayed that the disputes between the parties be referred to the sole arbitration of Mr. Ramesh Chand Advocate. ( 2 ) NOTICE of the petition was given to the respondents. The respondents have not come forward to contest the petition. The petitioner was allowed to lead evidence in the affidavits. The petitioner has prayed that the disputes between the parties be referred to the sole arbitration of Mr. Ramesh Chand Advocate. ( 2 ) NOTICE of the petition was given to the respondents. The respondents have not come forward to contest the petition. The petitioner was allowed to lead evidence in the affidavits. The petitioner has filed two affidavits and also filed on record the copy of the Hire Purchase Agreement between the parties besides the copy of the notice dated 18th December, 1985 issued to the respondents and the copy of the power-of-attorney in favour of Mr. Krishan Bans Bahadur. From the above said ex parte evidence I am satisfied that the respondent No. 1 had taken on hire the truck to question from the petitioner under the Hire-Purchase Agreement dated llth January, 1985 and respondent No. 2 to 4 had stood the guarantors of the respondent No. I for due performance of the contract between the parties. I am further satisfied that the disputes in regard to the payment and in regard to the return of thetruck have arisen between the parties and that the Agreement between the parties contains an arbitration clause according to which disputes have to be referred to either of the above said Advocates, at the choice of the petitioner. A perusal ofthe copy of the power-of-attorney shows that Mr. Krishan Bans Bahadur is duly authorised to sign and verify the pleadings and appoint Advocates on behalf of the petitioner. ( 3 ) IN these circumstances, the petition is allowed. The arbitration agreement between the parties is directed to be filed in Court and disputes in regard to the payment to be made by the respondents under the Hire- purchase Agreement and in regard to the return of the truck in question are referred to the sole arbitration of Mr. Ramesh Chand, Advocate. The Arbitrator will give his award within a period of four months from the date of entering upon the reference. Since no one has come forward to contest the petition, there will be no order as to costs. The suit stands decided accordingly. Ramesh Chand, Advocate. The Arbitrator will give his award within a period of four months from the date of entering upon the reference. Since no one has come forward to contest the petition, there will be no order as to costs. The suit stands decided accordingly. ( 4 ) BEFORE parting with this case, it my be recorded that alongwith the petition, the petitioner had moved an application (I. A. 210/86) under Order, 40 Rule 1 read with Section 351 Civil Procedure Code read with Secton 151 Civil Procedure Code read with Section 41 ofthe Arbitration Act, 1940 praying that a Receiver be appointed a to take possession of the vehicle and vide order dated 10th January, 1986 Mr. O. P. Khurana, general attorney of the petitioner-company was appointed Receiver with direction to keep the vehicle in safe custody till further directions of the Court and vide report dated 3rd October, 1986 the Receiver had mentioned that he has not been able to trace out the vehicle. No further order thus is required to be passed on the I. A. It stands disposed of.