KOTAK MAHINDRA FINANCE LTD Vs. T N BALASUBRAMANIAN

JUDGEMENT

(1.) The revision petitioner, aggrieved by the order of the trial Court, in not accepting its claim under Section 8 of the Arbitration Act, has preferred this revision.

(2.) The respondent in this revision petition as plaintiff has filed a suit, for mandatory injunction, for the return of R.C. Book and for permanent injunction not to seize the vehicle with other ancillary relief in O.S.No.147/2003 on the file of the District Munsif, Erode. In the suit, it is alleged that because of his continuous illness, he was unable to pay certain installments, due to the 4th defendant, resulting seizure of the vehicle.

(3.) After the filing of the suit and before the filing of the written statement, the defendants filed an application under Section 8 of the Arbitration and Conciliation Act, 1996, requesting the Court to refer the parties to the suit to arbitration, in accordance with the clause of the hire purchase agreement dated 22.3.2001, entered into between the parties, thereby praying for the dismissal of the suit.