INDER PAL Vs. M/S MAGMA LEASING LIMITED

JUDGEMENT

(1.) This revision-petition under Art. 227 of the Constitution of India has been filed by the petitioners against the order dated 30.07.2008, rendered by the Court of Civil Judge (Junior Division), Patiala, vide which it dismissed the application for referring the matter to the Arbitrator.

(2.) The petitioner moved an application that there was an Arbitration Clause in the agreement, executed between the parties, at the time of finance of the vehicle. It was stated that both the parties were bound by the agreement. It was further stated that in view of the specific clause in the agreement, executed between the parties, that in case of dispute, the matter was to be referred to the Arbitrator, the Civil Court had got no jurisdiction to try the suit. A prayer was, thus, made that the matter be referred to the Arbitrator, for the effective settlement of the matter, in dispute.

(3.) In reply, the plaintiff (respondent)pleaded that the defendants (applicants) had no locus standi to file the application, nor the same was maintainable. It was denied that any arbitration agreement was entered into between the parties, at the time of finance, as alleged by the applicants. It was further stated that the application, having been filed with a view to delay the proceedings, be dismissed.