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1994 DIGILAW 411 (DEL)

M. G. F. INDIA LIMITED v. VIJENDER SINGH

1994-07-01

J.K.MEHRA

body1994
J. K. Mehra,j. ( 1 ) THIS is a petition undersection 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 Shri Inderjit Gulati, the Arbitrator named in the said agreement. ( 2 ) NOTICES of the petition were served on 24. 9. 1993. Despite service, noneappeared on behalf of the respondents. As such, they were proceeded againstex-parteand the petitioner was directed to lead ex-parte evidence on affidavits. Accordingly, the petitioner filed the affidavit of Shri Rajiv Gupta, Directorincharge and constituted attorney of the petitioner company in support of theaverments contained in the petition. The said deponent has proved and placedon record photocopies of the certificate of incorporation of the petitioner-company, which is Exhibit P. W. 1/1. He has further proved the general power ofattorney in his favour to file, institute the present petition. A photocopy of the said general power of attorney is Exhibit P. W. I /2. ( 3 ) THE petitioner entered into a hire purchase agreement dated 25. 4. 1989 with respondent No. 1 in respect of a motor vehicle bearing Engine No-616969032440,chassis No. 616 FD 323079, Registration No. DNA 5358. Respondent No. 2 hassigned the said agreement as a guarantor guaranteeing the repayment of theinstalments as agreed upon in the agreement. The said agreement is Exhibitp. W. I/3. It is alleged by the petitioner that the petitioner has failed to comply withthe terms of the agreement and accordingly a notice dated 24. 8. 1991 was sentto both the respondents, which is Exhibit P. W. I/4. Exhibit P. W. I/5 is thestatement of account, showing the amount due against the respondents. Clause VI (a) provides that all disputes and differences between the parties in respectof the aforesaid hire purchase agreement shall be decided by the sole arbitration ofshri Inderjit Gulati, Advocate and Shri Shashi Vansh Bahadur, Advocate asalternate Arbitrator. ( 4 ) IN the light of the above, I am satisfied that the petitioner has proved theexistence of the disputes between the parties and the existence of the arbitrationagreement. There has been no opposition to the present petition despite service. ( 4 ) IN the light of the above, I am satisfied that the petitioner has proved theexistence of the disputes between the parties and the existence of the arbitrationagreement. 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 Shrilnderjit Gulati, Advocate, Delhi as the sole Arbitrator, who shall publish his awardwithin four months from the date he enters upon the reference. Suit standsdisposed of in the above terms. There will be no order as to costs.