SHAMINDER SINGH Vs. MOTOR & GENERAL FINANCE LTD

JUDGEMENT

(1.) VIDER order dated 18th February, 2005, the learned Additional District Judge dismissed the petition filed by the appellants herein, under Section 34 of the Arbitration and Conciliation Act. In the present appeal, the appellants have questioned the above-said order.

(2.) THE facts of this case are these. Appellant No.1 had obtained a loan of Rs. 3,26,250/- from respondent No.1 for the purchase of a second hand truck. He agreed to pay the hire amount in 35 installments. However, except one installment, he did not pay any other installment. Appellant No.2 stood guarantor to this hire purchase agreement. Notice of arbitration proceedings dated 2nd April, 2004, was sent to the appellants for appearance on 3rd May, 2004 at 11 a.m. at 23 Lawyer's Chamber, Tis Hazari Courts, Delhi, 54. However, 3rd May, 2004 was declared as holiday by the Government under the Negotiable Instruments Act. Consequently, when the appellants went there, they found the aforesaid chamber to be locked and finding no other alternative they left.

(3.) THE only submission made before me is that the Arbitrator did not give any opportunity of being heard to the appellants. The facts of this case are not in dispute.