ARABINDA GIRI Vs. SHRIRAM TRANSPORT COMPANY LTD.

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the order dated July 18, 2011 passed by the learned Judge, City Civil Court, 7th Bench, Calcutta in Title Suit No.5041 of 2008 thereby rejecting an application under Sec. 151 of the C.P.C. filed by the plaintiff.

(2.) The plaintiff / petitioner herein instituted a suit for declaration, permanent injunction and other reliefs. The petitioner has contended that he is the owner of the vehicle in question and he took financial assistance from the defendant for the vehicle in question and he signed certain documents accordingly. He paid a sum of Rs.6,95,314/ - to the defendants against his dues. He also expended money for maintaining the vehicle in question in running condition. He apprehended that the defendant might take possession of the vehicle in question at any time and as such, he filed the said suit for the reliefs already stated.

(3.) The defendants are contesting the said suit denying the material allegations raised in the plaint and they have contended that there is an arbitration clause in the agreement of hire purchase in respect of the vehicle in question and an award was passed against the petitioner by the learned Arbitrator. So, the suit is not maintainable and they have filed an application under Ss. 5 & 8 of the Arbitration and Conciliation Act.