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2001 Supreme(AP) 1351

B.PRAKASH RAO
Lakshmi General Finance Ltd. – Appellant
Versus
Anantha Raja Rao – Respondent


B. PRAKASH RAO, J.

( 1 ) THE petitioner in these two revisions is the defendant, who is aggrieved against the orders in LA. No. 1180 of 1998 dated 13-10-1998 and I. A. No. 1101 of 1998 dated 27-10-1998 in O. S. No. 316 of 1998 on the file of the III Additional Senior Civil Judge at vijayawada.

( 2 ) THE respondent-plaintiff filed the suit for declaration that he is the absolute owner of the vehicle, a lorry No. AP 16u 8328 and for furnishing the accounts, to refund the amount of Rs. 79,000/- paid excess, to deliver the vehicle and. to pay damages.

( 3 ) ACCORDING to the plaintiff, on hisapproaching the defendant for finance for purchase of two lorries, the defendant advanced Rs. 5,00,000/- for two vehicles and obtained various signatures on blank printed and stamp papers. The amount is repayable in 35 instalments, which was reduced to 23 instalments. The case of the plaintiff is that he has paid all the instalments and there is excess payment of rs. 79,000/ -. Hence the suit.

( 4 ) IN LA. No. 1180 of 1998 filed under Section 8 of the Arbitration and Conciliation act, 1996, the petitioner-defendant sought reference of the dispute to arbitration as per the arbitration clause contained



















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