C.M.NAYAR - (1.) The present application has been filed under Section 41 of the Arbitration Act read with Schedule II and Order 40 Rule 1 and Section 151 Civil Procedure Code for appointment of Shri Rakesh Jain, Field Inspector of the petitioner company as Receiver to take possession of the Vehicle bearing Engine No. 697 Turbo. 02.7.16076 Chassis No. 516.002.7.16057 and Registered No. HRU 591. The petitioner has stated in paragraph 7 of the main petition the following amounts which are due from the respondents under each head:- "i) Recovery of over due hire money Rs. 23,200.00 ii) Compensation charges for late payment upto the date of filing of the present petition. Rs. 87,815.00 iii) Return of the vehicle in dispute in the same order and condition in which it was hired out (fair, wear and tear excepted) or in its absence its present market value) Rs.3,00,000.00 Recovery of double the amount of average monthly hire as provided in Schedule B to the said agreement during the period the respondents remains in adverse possession of the vehicle from the date of expiry of the period of hire instalments i.e. from23.11.81 till the respondent surrender the said vehicle as provided in the Hire Purchase Agreement Rs.2,03,800.00 v) Further payment of compensation charges in terms of the agreement on the amount of the arrears of hire money not paid after the date of filing of the present proceedings till the date of payment."
(2.) The learned counsel contends that the vehicle at present is in possession of respondent No.3 and the Receiver may be permitted to repossess the same. Taking into consideration the facts as well as the amount due from the respondents, Shri Rakesh Jain, Field Inspector of the petitioner company is hereby appointed as the Receiver to take possession of the vehicle and keep the same in his custody subject to further order as may be passed by the Arbitrator. The petitioner shall be at liberty to take the police assistance, in case it is deemed necessary. This application is allowed in the above terms. S.No. 335/93
(3.) The present petition is filed under Section 20 of the Indian Arbitration Act, 1940 for filing the Arbitration Agreement dated June 12, 1980 in Court and for an order for reference of the disputes which have arisen between the parties to the named Arbitrator therein Shri Chander Mohan Oberoi, Advocate, Delhi.;