PREMLAL KHANDE Vs. ASHOK LEYLAND FINANCE

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been brought seeking relief for setting-aside the order dated 03.11.2018, passed by the District Judge, Korba, in Execution Case No. 6/2011 and for issuance of direction to set-off the claims of the petitioner No.1 in another pending execution proceeding.

(2.) Facts of the case in brief are these that the respondent is a financial company. The petitioner No.1 has borrowed from the respondent for purchase of a vehicle vide agreement No.PB001613H and the petitioner No.2 is the guarantor. The vehicle purchased by the petitioner No.1 was stolen. Later on after its recovery, the same has been obtained on supurdnama by the petitioner No.1. Respondent then took over the possession of the vehicle from the petitioner No.1 on 19.04.2006 and sold the same without notice to the petitioners. Subsequent to which, the complaint has been filed by the petitioners, before the District Consumer Dispute Redressal Forum, Korba. The respondent then initiated an arbitration proceeding concealing the fact of the pendency of the proceeding before, the District Consumer Dispute Redressal Forum, Korba. Arbitration proceeding has been concluded ex-parte vide award dated 22.07.2008. The respondent has filed an application under Section 36 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act, 1996") for execution of award dated 22.07.2008.

(3.) Complaint case filed by the petitioner, Case No. C.C./49/2006 was dismissed by the District Consumer Dispute Redressal Forum, Korba by order dated 04.03.2014. This order was challenged by the petitioners, before the State Consumer Dispute Redressal Commission, Raipur in F.A./14/227, which has been decided vide order dated 25.07.2015 by allowing the appeal and directing the respondent to make payment of damages and compensation.