MAGMA LEASING LIMITED Vs. INDER PAL

JUDGEMENT

(1.) THIS revision-petition under Article 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.) AFTER hearing the Counsel for the parties, and, on going through the record of the case, the trial Court dismissed the application.