GOODWILL INDIA LIMITED Vs. V U PHILIP

JUDGEMENT

(1.) JUDGMENT (ORAL) , J.-

(2.) THIS is a petition'under section 20 of the Arbitration Act with the prayer that the matters in dispute that have arisen between the parties be referred to arbitration of Shri Raj Paul Sagar, Advocate, the named arbitrator, in accordance with the terms of the agreement as entered into between the parties. Neither of the two respondents appeared in the case despite their having been duly served, on which they were proceeded ex-parte. The petitioner in its ex-parte evidence has tendered in evidence the affidavit of Shri Vishal Chand, general attorney of the petitioner-company. From his evidence on affidavit, due execution of the Hire-Purchase Agreement which is now marked Ex. P 1 stands prima fade proved. Further from his affidavit and the Hire-purchase Agreement Ex. PI it stand proved that the parties had entered into the Hire-purchase Agreement Ex, PI and disputes have arisen between them arising out of that agreement which are liable to be referred to the arbitration of Shri Raj Paul Sagar, Advocate the named arbitrator as per the agreement Ex. PI. The petition is accordingly allowed and the matters in dispute as stated in para 7 of the petition are referred to the arbitration of Shri Raj Paul Sagar, Advocate, the named arbitrator in accordance with the arbitration agreement as entered into between the parties who shall give his award in accordance with law. A copy of this judgment be sent to Shri Raj Paul Sagar, Advocate, for necessary action. I.A. 20198/6 : As no opposition has been put on behalf either of the two respondents, the appointment of Mr. V.K, Abdul Qadir of the petitioner-company as a Receiver is confirmed till his discharge by the Court.