This is revision petition by defendant no. 2 filed under Article 227 of the Constitution of India challenging order dated 23.1.2009, Annexure P/1, passed by learned Civil Judge (Junior Division), Kapurthala whereby application moved by defendant no. 2 petitioner under section 8 of Indian Arbitration & Conciliation Act, 1996 has been dismissed by the trial court.
I have heard learned counsel for the parties and perused the case file.
Learned counsel for the petitioner vehemently contended that in view of arbitration clause in the agreement entered into between plaintiff- respondent no. 1 and petitioner-defendant no. 2, the dispute was required to be referred to arbitration. However, learned counsel for respondent no. 1- plaintiff contended that against similar order of the same trial court in a Civil Revision No. 1566 of 2009 -2- different suit, revision petition bearing CR No. 936 of 2009, titled Shriram Transport Finance Company Ltd. Versus Tirath Singh and another was preferred by the Finance Company and the said revision petition was dismissed vide order 4.12.2009 by this Court. I have carefully considered the rival contentions. The issue involved in the instant revision petition is fully covered by judgment of this Court in the case of Shriram Transport Finance Company Ltd. (supra). In view thereof, the instant revision petition is dismissed. However, pendency of the civil suit will not prejudice the legal rights of the petitioner to effect recovery of the due amount if any or to take possession of the vehicle, in accordance with law. It would also open to the petitioner to seek appointment of Arbitrator by adopting due procedure of law.
