SRIRAM TRANSPORT FINANCE COMPANY LTD Vs. M GHOUSE

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated: 23-11-2015 on I.A.No.II made in O.S.No.462/2013 rejecting the application filed by the defendant under section 8 of the arbitration and conciliation Act, 1996 read with section 189 of Code of Civil Procedure.

(2.) The present respondent who is the plaintiff in O.S. NO.462/2013 filed the suit for mandatory injunction directing the defendant to restore, hand-over deliver and put in possession of the plaintiff's seized and detained lorry Ashok Leyland bearing Reg. No.KA-14- 6436 under H.P.A finance by the defendant and shall not cause any sort of interference into the peaceful carrying on the transportation business by the plaintiff with said lorry in future and further direct the defendant to pay and indemnify damages for the illegal seizer and detention of the plaintiff's lorry into their custody.

(3.) The plaintiff has contended that, he is permanent resident of Raichur and he is lorry driver holding valid heavy license from the RTO, the plaintiff is professing transportation business through means of lorry. The plaintiff was interested in purchasing the lorry and therefore purchased the lorry bearing Reg. No.KA-14-6439 from one Mehaboob Khan S/o Nawab Khan resident of Manvi by availing finance from defendant. The defendant has transferred the finance of Mehaboob Khan to the plaintiff and by virtue of the defendant finance hire purchase agreement with defendant Sriram Transport Finance Company was availed by the plaintiff on the lorry amounting to Rs.1, 50, 000/- dated: 04-01-2010.