MOTOR AND GENERAL FINANCE LIMITED v. M. K. KUTTAPPAN
1987-01-08
N.C.KOCHHAR
body1987
DigiLaw.ai
N. C. Kochhar ( 1 ) THIS applicatian under section 20 of the Arbitration Act, 1/40 has been filed by the Motor and General Finance Ltd. (the petitioner ). The case of the petitioner is as under: ( 2 ) THE petitioner is a company registered under the Indian Companies Act, 1913 and is engaged in the business of hire-purchase of motor vehicles in the different parts of the Union Territory of India. Mr. A. K. Ahluwalia is the General Attorney of the petitioner-company and is duly authorised to file the suit and to sign and verify the pleading and he being conversant with the facts of the case can depose about the same. Mr. M. K. Kuttappan (respondent No. 1) had taken from the petitioner a motor vehicle bearing registration No. KLI-4545, Engine No. 692-D01-7-68386 and Chassis No. 344-073-7-65332 (the vehicle) under hire-purchase agreement dated 25th April 1983 (the agreement) and Mr. M. R. Suresh (respondent No. 2) had stood guarantee for the due performance of the terms and conditions of the agreement. Under the hire- purchase agreement if the respondent No. 1 had paid to the petitioner a sum of Rs. 2,46,900. 00 in 47 instalments as per details mentioned in Schedule b , he had the option to become the owner of the vehicle but in case of default, he shall be liable to return the vehicle alongwith hire money due till the time of return. He shall also to pay certain amount towards compensation and incidental charges for defaults and late payment. The respondent No. 1 has paid a sum of Rs. 75,050. 00 towards hire money and Rs 10. 000. 00 towards compensation charges and a sum of Rs. 1,11,950. 00 is due under the former head and a sum of Rs. 28008. 00 is due towards the latter head and as such on the date of filing of the petition the petitioner has to recover from the respondents a sum of Rs. 1,39. 958. 00. . The disputes have arisen between the parties in regard to the hire money and other charges payable by the respondents to the petitioner, and in regard to the right of the petitioner to have the possession of the vehicle besides as regards the liability of the respondent No, 2 as guarantor.
1,39. 958. 00. . The disputes have arisen between the parties in regard to the hire money and other charges payable by the respondents to the petitioner, and in regard to the right of the petitioner to have the possession of the vehicle besides as regards the liability of the respondent No, 2 as guarantor. The agreement has clause (VI) by virtue of which the parties had agreed that in the event of disputes, the matter will be referred to the sole arbitration of Mr. Inderjit Gulati, Advocate, Delhi or in case of his refusal or his incapability to act as an arbitrator to the sole arbitration of Mr. Bal Krishan Jain, Advocate, Delhi. The petitioner has thus prayed that the arbitration agreement be filed and disputes between the parties be referred to the sole arbitration of Mr. Inderjit Gulati, Advocate, Chamber No. 23, Tehsil Building, Tis Hazari Courts, Delhi. ( 3 ) NOTICE of the petitioner was issued to the respondents. Both of them absented inspite of service and they were proceeded against ex-parte. The petitioner was directed to produce the ex-parte evidence by way of affidavits and documents. The petitioner has filed the necessary affidavit, and the agreement and has relied on the documents already filed alongwith the petition. ( 4 ) AFTER perusing the affidavit of Mr. A. K. Ahluwalia and taking into consideration the documents including hire-purchase agreement, I am satisfied that the respondent No. 1 had taken from the petitioner the vehicle under hire-purchase agreement dated 25th April, 1983 and the respondent No. 2 had stood guarantee for the due performance of the terms of the agreement, and that the respondent was to pay the instalments mentioned in Schedule b before he could exercise the option to become the owner of the vehicle. I am also satisfied that the disputes have arisen between the parties in regard to the rights of the petitioner to recover the hire money and other dues from the respondents and also in regard to the recovery of the vehicle. I am also satisfied that the parties had agreed that in the event of disputes arising out of the agreement they will be referred to the sole arbitration of Mr. Inderjit Gulati, Advocate, Delhi or in the event of his refusal or his incapability to as an arbitrator to the sole arbitration of Mr. Bal Krishan Jain, Advocate, Delhi.
I am also satisfied that the parties had agreed that in the event of disputes arising out of the agreement they will be referred to the sole arbitration of Mr. Inderjit Gulati, Advocate, Delhi or in the event of his refusal or his incapability to as an arbitrator to the sole arbitration of Mr. Bal Krishan Jain, Advocate, Delhi. ( 5 ) CONSEQUENTLY I allow the petition and direct that the arbitration agreement between the parties be filed in Court. I further direct that disputes above mentioned and existing between the parties be referred to the sole arbitration of Mr. Inderjit Gulati, Advocate, Chamber No. 23, Tehsil Building, Tis Hazari Courts, Delhi, who shall make his award within four months of the entering of reference or during such period as might be extended with the consent of the parties or under the orders of the Court. Since the respondents have not contested this petition, there will be no order as to costs of these proceedings. A copy of this order be sent to the arbitrator. The petition stand disposed of accordingly. ( 6 ) I. A. 3693/86:the Receiver has already taken possession of the vehicle. No further order has to be passed. I. A. stands disposed of accordingly.