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1967 Supreme(MP) 66

SHIV DAYAL, S.P.BHARGAVA
MITHAILAL GUPTA – Appellant
Versus
INLAND AUTO FINANCE – Respondent


Advocates Appeared:
G.P.SINGH, V.S.PANDIT

SHIV DAYAL, J.

( 1 ) THIS is an appeal from an order of stay passed under Section 34 of the arbitration Act.

( 2 ) THE appellant's suit, which has been stayed, is based on certain hire purchase agreements in respect of a motor truck bearing registration No MPA 1727. Then there are certain averments in the plaint with regard to motor vehicle No. MPA 2322 and yet another vehicle No. MPA 2979. For the purposes of this appeal, it is not necessary to state the details of those plaint averments. An agreement on a printed form was entered into between the plaintiff as the hirer, the first defendant as the owner and the second defendant as the guarantor. According to the plaintiff, he signed the agreement on a blank form. Under the said agreement, the first defendant acted as financier to enable the plaintiff to purchase a new Layland motor truck. It advanced Rs. 30,000 to him, to which a sum of Rs. 9,000 was added as finance charges, being interest at the rate of 15 per cent per annum for two years on the whole sum of Rs. 30,000, total amount being Rs. 39,000. It was payable in 24 monthly instalments of Rs. 1624 each commencing on 24 January 1960. The plaintiff paid to the first defendant




















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