GOODWILL INDIA LIMITED Vs. GIAN KUMAR

JUDGEMENT

(1.) The present petition is filed under Section 20 of the Indian Arbitration Act, 1940 for filing the Arbitration Agreement dated February 17,1988 in Court and for an order for reference of the disputes which have arisen between the parties to the named Arbitrator therein Shri Raj Paul Sagar, Advocate, Delhi or in case he is incapable to act for the reasons as stated to the sole arbitration of Shri Inderjit Gulati, Advocate.

(2.) The petitioner is a Company incorporated under the Indian Companies Act, 1913 and has its registered office at Harsha Bhavan, E-13/29 Connaught Place, New Delhi-110001. It carries on the business of hire purchase of motor vehicles. It is further stated that Shri R.N. Gupta is the Managing Director of the petitioner Company and is duly authorised to sign and verify the pleadings and to institute the suit.

(3.) The petitioner Company purchased one "DYNA" Commercial vehicle with 90BHP Diesel Engine, 3290mm Wheel Base with 6 tyres and one spare wheel with tyre and tube and standard accessories as per the following: