MAHAVEER FINANCE INDIA LTD Vs. K.PANDURANGAN

JUDGEMENT

(1.) DEFENDANT in O.S.No.3772 of 2011 on the file of the VII Assistant Judge, City Civil Court, Chennai is the revision petitioner.

(2.) RESPONDENT /plaintiff filed the suit for declaration declaring that the seizure of the plaintiff's vehicle bearing registration number TN-22-A4260 by the defendant/revision petitioner is illegal, null and void and for mandatory injunction directing the revision petitioner to return the said vehicle in good running condition. In that suit, the revision petitioner filed application under section 8 of the Arbitration and Conciliation Act, 1996 to refer the dispute to arbitration in terms of arbitration agreement and that application was dismissed and aggrieved by the same, this revision is filed.

(3.) ON the other hand, the learned counsel for the respondent/plaintiff submitted that having regard to the relief prayed for in that suit, the dispute cannot be resolved by the arbitrator and the suit was filed challenging the illegal act of the revision petitioner in seizing the vehicle by taking the law into their hands and when the revision petitioner acted in illegal manner, contrary to the hire purchase agreement, the only remedy open to the respondent is to file a suit for declaration that the seizure of the vehicle by the revision petitioner is illegal and for consequential mandatory injunction and the arbitrary action of the revision petitioner now questioned of can be considered only by civil court and also relied upon the judgment reported in M/S.TML FINANCIAL SERVICES LTD. v. VINOD KUMAR (CDJ 2010 Kerala High Court 023) in support of his contention.