LAWS(P&H)-2012-5-92

OXFORD ACADEMY Vs. MAHINDRA AND MAHINDRA FINANCE

Decided On May 11, 2012
OXFORD ACADEMY Appellant
V/S
MAHINDRA AND MAHINDRA FINANCE COMPANY Respondents

JUDGEMENT

(1.) PLAINTIFFS by filing this revision petition under Section 115 of the Code of Civil Procedure (for short, 'the CPC') have assailed order dated 27.01.2011 passed by learned Addl. Civil Judge (Senior Division), Guhla thereby allowing the application Annexure P-2 moved by defendants/respondents for rejection or return of plaint. PLAINTIFFS raised loan from the defendants/respondents and purchased a bus. PLAINTIFFS' case is that they were paying installments to the defendants regularly. However, on 19.04.2010, the defendants illegally stopped the bus on the way and asked the students in the bus to disembark and took away the bus forcibly. The plaintiffs sought permanent injunction restraining the defendants from selling or disposing of the bus and also sought direction to the defendants to return the bus to the plaintiffs and to render correct account of the loan installments paid by the plaintiffs.

(2.) DEFENDANTS in their application Annexure P-2 alleged that loan agreement dated 07.05.2008 between the parties contains clause No. 26 for referring all the disputes between the parties arising out of the agreement to the Arbitrator and the arbitration proceedings are to be held at Bombay. It was thus contended that the trial Court had no jurisdiction to try the suit. The defendants accordingly prayed for rejection or return of the plaint.

(3.) LEARNED trial Court vide impugned order allowed the application Annexure P-2 moved by the defendants. Feeling aggrieved, the plaintiffs have filed this revision petition. I have heard learned counsel for the parties and perused the case file.