TATA FINANCE LTD Vs. SUMIT KHAMSERA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The facts in brief are that in a matter of hire purchase contract for vehicle No. RJ- 27P-3384 a dispute arose between the petitioner and non-petitioner, upon which the non-petitioner filed a suit for injunction in a civil Court, i.e. before the Court of Civil Judge (Jr. Div.) Udaipur City (North), Udaipur on 6th Nov., 2000. The defendant- petitioner immediately in response to the summon/notice of the suit for injunction and injunction application appeared before the trial Court and submitted an application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as 'the Act of 1996') and submitted that in view of the clause contained in the agreement dated 30th Sept. 1998 between the plaintiff and the defendant, the matter may be referred for arbitration. No reply was filed by the plaintiff to the application of the petitioner-defendant before the trial Court and the trial Court after hearing the arguments, by impugned order dated 26th April, 2001 allowed the appellants-defendant's application filed under Section 8 of the Act of 1996 and directed the parties to get the arbitrator appointed through Court in accordance with law.

(3.) Though the appellant-defendant's application under Section 8 of the Act of 1996 was allowed by the trial Court, but the appellant-defendant is aggrieved against the direction of the trial Court whereby the trial Court directed the parties to get the arbitrator appointed through Court.