J. K. Mehra,j ( 1 ) THIS is a petition under Section 20 of the Arbitration Actfiled by the petitioner-company against the respondents, praying fora direction forfiling the arbitration agreement in Court and referring the disputes between theparties to the named Arbitrator, as mentioned in the said agreement. ( 2 ) DURING the pendency of the petition, respondent No. 2, who was impleadedas a Guarantor, died and the petitioner had given up the claim against the saidrespondent No. 2. Respondent No. 2 could not be served with summons in theordinary way. As such, he was ordered to be served in the substituted manner. Notice of the petition was thus served on the respondent No. 1 by way of aproclamation in the daily "statesman" in the issue of 24. 4. 1993. Despite service,none appeared on behalf of the respondent. As such, the respondent wasproceeded against ex-parte and the petitioner was allowed to lead ex-parteevidence on affidavits. ( 3 ) THE petitioner has filed the affidavit of Shri Ajay Chand, constitutedattorney of the petitioner company in proof of its claim and the avermentscontained in the petition. The said deponent has proved the general power ofattorney in his favour to file, institute the present petition. A true photocopy of thegeneral power of attorney is Exhibit P. W. I/i. ( 4 ) THE petitioner entered into a hire purchase agreement with respondentno. l for hiring a motor vehicle vide an agreement dated 3. 2. 1989. The saidagreement is Exhibit P. W. I/2. It is alleged by the petitioner that the petitioner hasfailed to comply with the terms of the agreement and accordingly a notice dated19. 10. 90 was sent to both the respondents, which is Exhibit P. W. I/3. Exhibitp. W. I/4 is the statement of account, showing the amount due against therespondents. Clause-VI (a) provides that all disputes and differences betweenthe parties in respect of or arising under the aforesaid hire purchase agreementshall be decided by the sole arbitrator of Shri Shashi Vansh Bahadur, Advocateand Shri Surya Kant Singla, Advocate as alternate Arbitrator. ( 5 ) NON-PAYMENTS of instalments and the notices to the defendants claimingcertain rights under the said agreement do amount to disputes under the saidagreement. ( 6 ) IN the light of the above, I find that the petitioner has proved the existenceof the disputes between the parties and the existence of the arbitration agreement. ( 5 ) NON-PAYMENTS of instalments and the notices to the defendants claimingcertain rights under the said agreement do amount to disputes under the saidagreement. ( 6 ) IN the light of the above, I find that the petitioner has proved the existenceof the disputes between the parties and the existence of the arbitration agreement. There has been no opposition to the present petition despite service. Accordingly, I allow the petition, directing the petitioner to file the arbitrationagreement in the Court and refer the disputes between the parties to said namedarbitrator Shri Shashi Vansh Bahadur, Advocate, Delhi as the sole Arbitrator,who shall publish his award within four months from the date he enters upon thereference. Suitstands disposed of in the above terms. There will be no order as tocosts.