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1998 Supreme(Mad) 827

S.S.SUBRAMANI
Nepc India Limited – Appellant
Versus
Sundaram Finance Limited – Respondent


Appearing Advocates: Rajagopalan, P. H. Pandian

Judgment :-

S.S. SUBRAMANI, J.

All these revisions are filed under Art. 227 of the Constitution of India, challenging the order of the lower Court in O.P. No. 137 of 1998 on the file of the X Assistant Judge, City Civil Court, Chennai and four miscellaneous petitions are filed along with these revisions.

2. The relevant facts which are necessary for the disposal of these revisions could be summarised thus. The petitioner and the respondent entered into a hire purchase agreement regarding supply of two Wind Turbine Generators on 25-9-1995 after agreeing to the schedule of repayment and also consequence in case of default. Clause 24-A of the hire purchase agreement provided for an arbitration clause which reads thus,

"All disputes, differences and/or claims, arising out of this hire purchase agreement whether during its subsistence or thereafter shall be settled by arbitration in accordance with the provision of Indian Arbitration Act, 1940 or any statutory amendments thereof and shall be referred to the sole arbitration of an arbitrator nominated by the Managing Director of the owner. The award given by such an arbitrator shall be final and binding on all the parties to this agreement.






















































































































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