KAILASH BARUAH Vs. HINDUJA LEYLAND FINANCE CO.

JUDGEMENT

(1.) Heard Mr. K.K. Mahanta, the learned Senior Counsel for the petitioner, namely, Kailash Baruah and Mr. P.J. Barman, the learned Counsel for the respondent, namely, Hinduja Leyland Finance Co. Ltd.

(2.) By filing the present application under Article 227 of the Constitution of India, the petitioner has assailed the order dated 17.11.14 passed by the learned Civil Judge, Sivasagar, in Title Suit No. 7 of 2013, by virtue of which the parties were referred to arbitration under section 8 of the Arbitration and Conciliation Act, 1996.

(3.) The petitioner herein is the plaintiff in the said suit, which contained prayer for passing a decree of declaration that the repossession of the vehicle by the defendant (respondent herein) is void ab initio, illegal and cannot be acted upon, for recovery of the vehicle from unauthorized possession of the defendant, for passing a decree to handover the vehicle in good and running condition as well as ad-interim injunction and other reliefs as mentioned in the plaint. The case of the petitioner in the plaint is that he was the registered owner of a Tata winger (Mini Bus) bearing registration No. AS-04-AC-2337. The same was purchased in the month of May, 2011 to give employment to his son. The total cost of the said vehicle was Rs. 5,56,500/- and the petitioner had availed a finance of Rs.4,38,000/- from the respondent. The petitioner admitted that he had executed a loan agreement, agreeing to repay the loan in 48 months by paying 47 monthly installments of Rs.13,994/- each. After paying a sum of Rs.2,48,395/- till the month of October, 2012, the petitioner was diagnosed of cancer as a result of which there was default in repaying the loan. However, in the middle part of December, 2012, the respondents arbitrarily dispossessed the petitioner of his property, as such, the petitioner had filed the said suit.