SANT FINANCE COMPANY Vs. DARSHAN SINGH

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 2nd of February 2005 passed by the Civil Judge (Jr. Divn.), Kurukshetra vide which the application moved by the defendant- petitioner herein under Section 8 of the Arbitration and Conciliation Act has been declined.

(2.) IT is not in dispute that in the agreement executed between the parties, there was an arbitration clause i.e. Clause 26(A) which covers the matter in dispute.

(3.) THE learned counsel for the petitioner relies on the judgment of the Hon'ble Supreme Court in Hindustan Petroleum Corpn. Ltd. v. Pink City Midway Petroleum reported as 2003(3) RCR(Civil) 686 (SC) : 2003(6) SCC 503 to contend that in view of the existence of an arbitration clause in the hire-purchase agreement, the trial Court was bound to refer the matter to the arbitration on application having been moved under Section 8 of the Arbitration and Conciliation Act.