LAKSHMI ENTERPRISES Vs. R RAMAKRISHNAN

JUDGEMENT

(1.) THE Civil Revision is filed against the order of the trial Court made in I. A. No. 989 of 2005 in O. S. No. 340 of 2005 on the file of the Dis?trict Munsiff, Krishnagiri.

(2.) THE case of the petitioner is that the re?spondent herein filed a Suit in O. S. No. 340 of 2005 for mandatory injunction directing the petitioner herein to handover the vehicle re-possessed by the petitioner on default commit?ted by the respondent as per the terms of the agreement. The respondent entered into hire purchase agreement with the petitioner agree?ing to pay Rs. 4,560/- every month relating to the vehicle from 10. 4. 2005 for a period of 24 months. The respondent committed default in repayment and hence the vehicle was repos?sessed. Hence the respondent filed the Suit with prayer as stated above. In the Suit the peti?tioner herein filed an application under Sec?tion 8 of Arbitration and Conciliation Act 1996 to refer the matter to the Arbitration pro?ceedings. That application has been rejected by the trial Court. The correctness of the said order is now put in issue in the civil revision petition.

(3.) HEARD the learned counsel on either side and perused the materials on record.