CHANDRA FINANCIERS PRIVATE LIMITED Vs. GURCHARAN SINGH

JUDGEMENT

(1.) THIS civil revision has been filed by M/s. Chandra Financiers (P) Ltd. against an order of Shri M. L. Jain, Additional District Judge, Delhi, dated 4th October, 1965, reversing an order of Shri H. S. Bakshi, Subordinate Judge, dated 8th February, 1965, and setting aside an award made by a sole arbitrator.

(2.) THE parties, viz. Lachman Singh (hereinafter referred to as the "Hirer") and Gurcharan Singh (hereinafter referred to as the "Guarantor") on the one hand and M/s Chandra Financiers (P) Ltd. (hereinafter referred to as the "Owners") on the other, entered into a hire-purchase agreement, dated 28th April, 1960, relating to a T.M.B truck supplied by the latter to the former.

(3.) SHRI Bhasin next contended that the learned Additional District Judge erred in holding that the plea of illegality of the reference on account of its being unilateral was included in the objections already filed by the Hirer and the Guarantor. There is no force in this contention also. In the last paragraph of the original objections at page 2, the invalidity of the award was pleaded by staling that "the whole proceedings of the arbitrator are void from beginning to end". The plea of illegality of the reference on account of its being unilateral is only a further legal ground in support of the contention that the award was illegal and liable to be set aside. In the circumstances, it cannot be said, in my opinion, that the learned Additional District Judge had gone wrong in taking the view that the ground of attack against the award taken in the application, dated 20th January, 1965, was included in the original objections made on 20th February, 1963.