(1.) This petition under Art. 227 of the Constitution of India takes exception to the order passed by the learned Civil Judge (Sr. Division), Solan on 11.4.2016 whereby the application under Sec. 8 read with Sec. 5 of the Arbitration and Conciliation Act filed by the defendant/respondent (for the sake of convenience hereinafter referred to the defendant) has been allowed thereby holding the suit of the plaintiff/petitioner (for the sake of convenience hereinafter referred to the plaintiff) to be not maintainable. Certain undisputed facts may be noticed.
(2.) The plaintiff filed a suit against the defendant for permanent prohibitory injunction restraining the defendant from selling his vehicle bearing No. HP-64-5584 and a decree of mandatory injunction was also sought seeking direction against the defendant to supply correct statement of account disclosing correct particulars regarding rate of interest and overdue charges alongwith miscellaneous charges.
(3.) The vehicle in question was purchased by the plaintiff. The same had been financed to the tune of Rs.11,20,000.00 by the defendant. The loan was to be paid over a period of 5 years with Rs.25,500.00 as EMI. However, the plaintiff failed to pay an amount of Rs.90,178.00 and it was alleged that the defendant had forcibly taken the possession of the vehicle, constraining the plaintiff to file the suit.