S.K.SEN
RADHESHYAM KEDIA – Appellant
Versus
SRINIWAS PANDIT – Respondent
( 1 ) THE only question for consideration in this application is what is the scope of arbitration agreement dt. 28th Jan. 1981 between R. S. Kedia and Sunil Kumar Dey and Srinivas Pandit. The relevant portion of the said arbitration agreement is set out hereinbelow :-"whereas the parties above mentioned have executed a Hire Purchase Agreement today with regard to the Motor Vehicle TDV of 315 H. P. having 6 cylinders and painted bearing No. 692 011 000606 on the Engine No. 3440-73094472 on the chasis registered under Police registration No. WGT 1674 complete with accessories. Year of Manufacture 1981. This agreement witnessed that we hereby agree that notwithstanding condition No. 15 of the said Agreement of Hire Purchase executed by us today all disputes differences claims arising out of the terms of the said Agreement of Hire Purchase with exception of the rights of the owners to seize the Article under all circumstances in terms of the Hire Purchase Agreement and all the disputes with regard to the claims under/on Demand Pronote executed by the hirer alone or both hirer and guarantor in favour of the owners in connection with the said Hire Purchase Agreement and all
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REFERRED TO : Prasun Ray v. Calcutta Metropolitan Development Authority
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