MALA BHATTACHARJEE Vs. INDUSIND BANK LIMITED

JUDGEMENT

(1.) The petitioner by way of the instant revision application under Article 227 of the Constitution is aggrieved with the order dtd. 20/7/2018, whereby on the application of the defendant No. 1 under Sec. 5 and 8 of the Arbitration and Conciliation Act 1996, the matter has been referred to Arbitration.

(2.) The case of the petitioner in brief is that an agreement had been entered with the respondent No. 2 for sale of a vehicle bearing Registration No. ML-05K 7239, and to this effect an Agreement for Sale was executed on 12/3/2015. The arrangement arrived at was that the respondent No. 2 would pay the balance amount due, after obtaining a loan from the respondent No. 1 Bank. The petitioner it appears thereafter transferred the ownership of the vehicle in favour of the respondent No. 2 but however, the unpaid amount of Rs.3,40,000.00 (Rupees Three Lakhs Forty Thousand only) was never received by the petitioner. A Suit was then instituted being Title Suit No. 43 (H) 2016 before the Court of the Assistant District Judge, Shillong, praying for a decree for recovery of the vehicle and further for compensation and damages. The learned Lower Court as observed earlier, on the application under Ss. 5 and 8 of the Arbitration and Conciliation Act, 1996, returned the plaint to the petitioner by way of the impugned order.

(3.) The respondent No. 1, though had entered appearance before this Court and after initially contesting the matter has failed to appear after 16/11/2021, as such the matter proceeded ex parte against the said respondent. As far as the respondent No. 2 is concerned in spite of service of notice, the said respondent chose not to appear.