Civil Revision No. 5784 of 2008 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No. 5784 of 2008
Date of decision: 20.04.2009.
Shriram Transport Finance Company Ltd.
Petitioner
Versus
Sukhdev Singh
...Respondent
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Mr. S.K.Sandhir, Advocate, for the petitioner.
None for the respondent.
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S.D.ANAND, J.
The learned Trial Court declined the defendant-
petitioner’s plea to refer the matter to Arbitrator by observing that the
factum of there being an arbitration clause had been disputed on
behalf of the party opposite.
The petition deserves to be allowed in view of the law laid
down by the Apex Court in Rashtriya Ispat Nigam Limited and
another Vs. M/s Verma Transport Company 2006 (4) RCR (Civil)
478. It was followed by a Division Bench of this Court in M/s
Regent Automobiles Vs. Indian Oil Corporation Limited and
others 2008(3) R.C.R. (Civil) 752. This Court also took a similar
Civil Revision No. 5784 of 2008 -2-
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view in accord with the Apex Court judgment in Rashtriya Ispat
Nigam Limited’s case (supra) and M/s Regent Automobiles’s
case (supra) in Civil Revision No.1409 of 2008 (Shriram Transport
Finance Company Ltd. and others Vs. Jagdev Singh and another).
The petition shall stand allowed accordingly. The
impugned order shall stand set aside. The learned Trial Court is
directed to refer the matter to Arbitrator.
April 20, 2009 (S.D.Anand) Pka Judge