LAWS(ALL)-2016-2-209

BALLABH LAL Vs. KUKKOO MOTORS FINANCE PVT. LTD.

Decided On February 23, 2016
Ballabh Lal Appellant
V/S
Kukkoo Motors Finance Pvt. Ltd. Respondents

JUDGEMENT

(1.) The plaintiff/applicant has approached this Court assailing the orders passed by the courts below purportedly under Section 8 of the Arbitration and Conciliation Act, 1996, whereby, the parties have been referred to the Arbitrator in terms of the agreement.

(2.) The facts would reveal that the applicant instituted a suit being Original Suit No. 594 of 1998 (Sri Ballabh v. Kukkoo Motors Finance Pvt. Ltd) for permanent injunction restraining the respondent-finance company from transferring the vehicle, as well as, seeking mandatory injunction to return the vehicle to the applicant. The applicant purchased a truck after obtaining loan of Rs. 1,50,000/- from the respondent-finance company, the applicant defaulted, thereafter, upon termination of the Hire-Purchase agreement the vehicle was seized and auctioned by the respondent-finance company. It is averred in the plaint that the respondent- finance company had taken signatures on blank papers, further, the applicant had not signed any agreement with the respondent-company.

(3.) The respondent appeared and filed an application under Section 8 contending that the parties be referred to arbitration.