NARPAT SINGH BAID Vs. DOVER CREDIT P LIMITED

JUDGEMENT

(1.) This appeal is directed against the order dated 7th August, 1997 passed by the Chief Judge, City Civil Court, Calcutta in Title Suit No. 2835 of 1995 whereby and whereunder the petitioners applications filed under Order 40, Rule 1 and under Order 39, Rule 1 of Code of Civil procedure were dismissed.

(2.) The fact of the matter lies in a very narrow compass. The appellant appears to be a financier. He entered into a hire purchase agreement with defendant respondent No. 1. Respondents 2 and 3 were their guarantors. The defendants Nos. 4 and 5 entered into an alleged hire purchase agreement with the appellant defendant No. 1.

(3.) It appears that an arbitration agreement was entered into by and between the parties, pursuant whereto the disputes and differences between the parties were referred to an arbitrator. The arbitrator made an award. The suit was filed by the respondent No. 1 herein in terms of Section 14(2) of the Arbitration Act, 1940 which was registered as Title Suit No. 2835 of 1995 In the said suit a consent order was passed in terms whereof a receiver was appointed in that proceedings to sale the vehicle allegedly belonging to the appellant on 2-5-1996 The appellant herein filed the application in the nature of pro interesse suo in the self same proceedings meaning thereby in the arbitration proceedings itself praying inter alia the following reliefs:(a) Leave be granted to the petitioner to be examined pro interesso suo;(b) Injunction restraining the Receiver and/or Dover Credit Ltd., and/or Sharif Ul Alam and Ashif Ul Alam and/or their man, servants and agents from giving effect and/or further fact to and/or from acting in pursuance of the said terms of settlement recorded by the said order dated 30-8-1996 passed by the learned Chief Judge, City Civil Court at Calcutta in suit No. 2835 of 1995 in so far as the same pertains to the said vehicle of the petitioner bearing regn. No. WGA 4807;(c) Mandatory injunction directing the receiver appointed under the said purported terms of settlement dated 30-8-1995 to release the said vehicle bearing regn No. WGA-4807 in favour of the petitioner;