IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.348 OF 2006 OF MOTION NO.348 OF 2006 OF MOTION NO.348 OF 2006 IN IN IN SUITNO. SUITNO. SUITNO. 3327 OF 2005 3327 OF 2005 3327 OF 2005 MR. MR. MR. PRAKASH VAIRAT PRAKASH VAIRAT PRAKASH VAIRAT ... ... ... PLAINTIFF. PLAINTIFF. PLAINTIFF. VS. VS. VS. M/S. M/S. M/S. SHRIRAMF TRANSPORT SHRIRAMF TRANSPORT SHRIRAMF TRANSPORT FINANCE FINANCE FINANCE CO.LTD. CO.LTD. CO.LTD. ... ... ... DEFNDANTS. DEFNDANTS. DEFNDANTS. MR. MR. MR. S.R.SAVDAYAR FOR THE PLAINTIFF. S.R.SAVDAYAR FOR THE PLAINTIFF. S.R.SAVDAYAR FOR THE PLAINTIFF. MR. MR. MR. BHARTI FOR THE DEFENDANTS BHARTI FOR THE DEFENDANTS BHARTI FOR THE DEFENDANTS Coram Coram Coram : S.K.Shah, J. : S.K.Shah, J. : S.K.Shah, J. Date Date Date : March 6, 2007. : March 6, 2007. : March 6, 2007. P.C.:- P.C.:- P.C.:- 1. 1. 1. This This This motion is taken out by the defendant motion is taken out by the defendant motion is taken out by the defendant seeking seeking seeking direction for referring the dispute for direction for referring the dispute for direction for referring the dispute for arbitration. arbitration. arbitration. 2. 2. 2. In In In paragraph 16 of the Agreement, which is paragraph 16 of the Agreement, which is paragraph 16 of the Agreement, which is produced produced produced alongwith the affidavit clearly mentions that alongwith the affidavit clearly mentions that alongwith the affidavit clearly mentions that all all all disputes, differences etc. arising out of the said disputes, differences etc. arising out of the said disputes, differences etc. arising out of the said agreement agreement agreement shall be settled by Arbitration to be held in shall be settled by Arbitration to be held in shall be settled by Arbitration to be held in Mumbai, Mumbai, Mumbai, under the Arbitration and Conciliation Act, under the Arbitration and Conciliation Act, under the Arbitration and Conciliation Act, 1996. 1996. 1996. 3. 3. 3. Counsel Counsel Counsel on both sides agree upon the name of on both sides agree upon the name of on both sides agree upon the name of Advocate Advocate Advocate Mr.N. Mr.N. Mr.N. Raja, Raja, Raja, for being appointed as for being appointed as for being appointed as Arbitrator. Arbitrator. Arbitrator. Mr. N. Raja is hereby appointed as Mr. N. Raja is hereby appointed as Mr. N. Raja is hereby appointed as Arbitrator Arbitrator Arbitrator to resolve the dispute between the parties to resolve the dispute between the parties to resolve the dispute between the parties arising arising arising out of the Hire Purchaser Agreement, dated 7th out of the Hire Purchaser Agreement, dated 7th out of the Hire Purchaser Agreement, dated 7th October, October, October, 2004. 2004. 2004. 4. 4. 4. Notice Notice Notice of motion is made absolute accordingly. of motion is made absolute accordingly. of motion is made absolute accordingly. 5. 5. 5. The The The learned Counsel for the defendant agrees to learned Counsel for the defendant agrees to learned Counsel for the defendant agrees to supply supply supply to the Plaintiff the name of the person to whom to the Plaintiff the name of the person to whom to the Plaintiff the name of the person to whom the the the Vehicle is sold and the price at which it is sold. Vehicle is sold and the price at which it is sold. Vehicle is sold and the price at which it is sold. 6. 6. 6. In In In view of disposal of the notice of motion by view of disposal of the notice of motion by view of disposal of the notice of motion by referring referring referring the dispute between the Plaintiff and the dispute between the Plaintiff and the dispute between the Plaintiff and Defendant Defendant Defendant to Arbitrator, the Suit does not survive, the to Arbitrator, the Suit does not survive, the to Arbitrator, the Suit does not survive, the Suit Suit Suit accordingly is disposed of. No Order as to costs. accordingly is disposed of. No Order as to costs. accordingly is disposed of. No Order as to costs. Court Court Court fee be refunded as per rule. fee be refunded as per rule. fee be refunded as per rule. 8. 8. 8. In In In view of disposal of the Suit this notice of view of disposal of the Suit this notice of view of disposal of the Suit this notice of motion, motion, motion, is disposed of. No Order as to costs. is disposed of. No Order as to costs. is disposed of. No Order as to costs. .... .... .... [S.K.Shah [S.K.Shah [S.K.Shah , J.] , J.] , J.]