CHHOGALAL Vs. NEW GANESH FINANCE CO BEAWAR

JUDGEMENT

(1.) THIS is a revision application by Chhoga Lal and Madan Lal against an order of the Senior Civil Judge, Ajmer, refusing to adjudicate upon the question as to whether the alleged arbitration agreement was entered into by them in a proceeding under sec. 8 of the Arbitration Act instituted by M/s. New Ganesh Finance Co. , Beawar, respondent.

(2.) THE respondent filed an application under sec. 8 (1) (b) of the Arbitration Act alleging that the applicants entered into a hire purchase agreement with it on 13th June, 1960 at Beawar which amongst other covenants contained an agreement of reference to arbitration of any dispute that may arise between the parties in connection with the claims arising out of and in respect of the said agreement of hire purchase, that the parties appointed Shri Shrikishan Ghiya, pleader of Beawar, as the sole arbitrator, that the respondent filed a claim before the said arbitrator and that the said arbitrator has refused to act.