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2000 Supreme(Guj) 1018

K.M.MEHTA
JYOTI MOTORS – Appellant
Versus
INDUSTRIAL CREDIT AND DEVELOPMENT SYNDICATE LIMITED – Respondent


Advocates Appeared: D.N.TRIVEDI, M.G.NAGARKAR, Navin K.Pahwa

K. M. MEHTA, J.

( 1 ) ). M/s. Jyoti Motors-petitioner has filed this revision application under Sec. 115 of the Code of Civil Procedure challenging the order dated 25-5-2000 passed by the 5th Joint Civil Judge (S. D.), Rajkot, in Civil application No. 95 of 1999 filed by the petitioner-applicant for condonation of delay in filing the main application in the matter which pertains to set aside arbitral award already passed against the petitioner-applicant. The original application was filed for setting aside the award passed under Sec. 34 of the arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ).

( 2 ) THE facts giving rise to this revision application are as under : the petitioner entered into a Hire-Purchase Agreement with M/s. Industrial Credit and Development Syndicate Ltd. , respondent No. 1 for purchasing dumper trucks of Swaraj Mazda. The petitioner stood as guarantor in his capacity as a dealer and mediator. As there was default in payment of instalments, the respondent company initiated proceedings for arbitration.

( 3 ) THE dispute was referred to the arbitration of Sole Arbitrator Shri B. L. Sharma as per Hire-purchase Agreement. Further, the Arbit


















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