MOTOR AND GENERAL FINANCE LIMITED v. BAJRANG LAL GUPTA
1987-03-13
N.C.KOCHHAR
body1987
DigiLaw.ai
N. C. Kochhar ( 1 ) THIS application under Section 20 of the Arbitration Act has been filed by the Motor and General Finance Ltd. (the petitioner) stating that Bajrang Lal Gupta (respondent No. 1) had taken on hire from the petitioner motor vehicle registered as WMH-513, Engine No. 692-D01-0-72566, Chassis No. 344-073-0-68595 under hire purchase agreement dated 21st January, 1980 and respondent No. 2 had guaranteed due performance of the terms of the said agreement between the parties. It is stated that the respondents had agreed to pay to the petitioner a sum of Rs. 1,50. 000. 00 in 35 instalments, the first instalment being of Rs. 8380. 00 and a remaining 34 instalments of Rs. 4180. 00 each as provided in Schedule b of the agreement and the said instalments were to be paid on or before 3rd day of the each English calendar month. It is stated that the agreement between the parties contained Clause VI which is an arbitration clause and according to it in the event of disputes between them, they are to be referred to the sole arbitration of Shri Shashi Vansh Bahadur, Advocate or in the event of his refusal or inability to act as an arbitrator, to the sole arbitration of Shri Bal Krishan Jain, Advocate, Delhi. It has been further stated that the respondent No. 1 has paid only a sum of Rs. 88. 520. 00 towards hire money and Rs. 7,220/. towards compensation charges and a sum of Rs. 61,980. 00 is due from him on the former account and a sum of Rs. 37,834. 00 is due towards the latter account and that the disputes mentioned in para 8 of the petition have arisen between the parties. It has thus been prayed that the disputes be referred to the sole arbitration of Shri Shashi Vansh Bahadur, Advocate, Delhi. ( 2 ) NOTICE of the petition was issued to the respondents. Neither of them appeared inspite of service and as such they were proceeded against ex parte. The petitioner was allowed to lead evidence by way of affidavits. ( 3 ) THE petitioner has filed two affidavits and has also filed copy of the hire purchase agreement.
( 2 ) NOTICE of the petition was issued to the respondents. Neither of them appeared inspite of service and as such they were proceeded against ex parte. The petitioner was allowed to lead evidence by way of affidavits. ( 3 ) THE petitioner has filed two affidavits and has also filed copy of the hire purchase agreement. After perusal of the affidavits and agreement besides the petition, I am satisfied that respondent No. 1 had taken on hire from the petitioner truck in question under hire purchase agreement dated 21st January, 1980 and had agreed to pay the hire money in instalments. After perusal VI of the said agreement I am satisfied that the parties had agreed that in the event of disputes arising between them, they would be referred to the sole arbitration of Shri Shashi Vansh Bahadur, Advocate and in the event of his refusal or inability to act as such, to the sole arbitration of Shri Bal Krishan Jain, Advocate. I am also satisfied that the disputes mentioned in para 8 of the petition have arisen between the parties. These disputes are covered by the arbitration clause. ( 4 ) CONSEQUENTLY, allowing the application, it is directed that the arbitration agreement between the parties be filed in court. The matter is referred to the sole arbitration of Shri Shashi Vansh Bahadur, Advocate who will enter upon the reference and would adjudicate the disputes mentioned in para 8 of the petition within four months from the date of entering upon the reference or within such period which might be extended with the consent of the parties or under the orders of the court. ( 5 ) A copy of this order be sent to Shri Shashi Vansh Bahadur, Advocate/arbitrator. Suit No. 1458-A of 1984 stands disposed of. I. A. 5428/84 This application had been moved along with the petition and a receiver was appointed vide order date l2th September, 1984 by H. C. Goel, J. Shri Bhendwal, however, states that the receiver could not trace the vehicle. No further orders are needed on this application. I. A. 5428/84 stands disposed of. I. A. 2589/86