D.K.JAIN
MOTOR AND GENERAL FINANCE LIMITED – Appellant
Versus
S. NIRPAL SINGH – Respondent
( 1 ) BY this petition under Section 20 of the arbitration Act, 1940, the petitioner seeks a direction for filing of the hire purchase agreement dated 8 April 1991, containing the arbitration clause and for reference of the disputes, which are stated to have arisen between the parties, to the sole arbitration of shri Inderjeet Gulati, Advocate.
( 2 ) BACKGROUND facts, giving rise to the present petition, in brief, are: that the petitioner is engaged in the business of hire purchase of motor vehicles. In April 1991, respondent No. 1 as hirer and respondent No. 2 as the guarantor, approached the petitioner for hiring of a Tata diesel truck model 1991. Accepting the proposal, the petitioner and the respondents entered into a hire purchase agreement 8/04/1991 whereby respondent No. 1 agreed to pay 35 instalments of hire money (20 hire instalments of rs. 10,300/-each and 15 hire instalments of Rs. 10,200. 00 each) falling due on the 7th day of each month, beginning from 7/06/1991. Respondent No. 1 was accordingly given delivery/possession of the said vehicle.
( 3 ) RESPONDENT No. 1 however, paid only a sum of rs. 1,01,300/- towards hire money as against the sum of rs. 3,38,600
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