BHARATI MUKHERJEE Vs. SHIVA TRADING CO

JUDGEMENT

(1.) THE appellant, M/s. Shiva Trading Company and others, the Respondents herein, had hired out a motor vehicle to the appellant, Smt. Bharati Mukherjee on the terms and conditions mentioned in the hire purchase agreement dt. 22nd March, 1976. Under the hire purchase agreement twenty four consecutive monthly rents of Rs. 1,400/- were payable. THE first instalment, however, was to be of Rupees 1,800/- commencing from 1st June, 1976. THE appellant, however, failed to pay any of the monthly hire which became due in spite of repeated demands. On or about 29th February, 1980 the hire purchase agreement was determined by the Respondents. THE dispute between the appellant and the respondents was referred to arbitration on 6th April, 1980 at the instance of the respondent firm. THE Arbitrator gave a notice to the appellant enclosing a copy of the statement of claim filed by the respondents and giving direction to file counter statement. THE appellant's case before us, however, is that she did not receive any notice from the Arbitrator nor did she receive a copy of the statement of claim on that dale.

(2.) IT appears that a suit was also filed by Smt. Bharati Mukherjee (Suit No. 353 of 1980). In that suit it was alleged that all the instalments due under the hire purchase agreement had been paid and a declaration was prayed that the plaintiff was the owner of the Vehicle No WGA 3453. On 16th June. 80 an application was made under Section 34 of the Arbitration Act. 1940 by the Respondent No. 1 for stay of the suit. On 24th Sept. 1980 an order was passed staying the suit.

(3.) ON 6th December, 1980 both the parties appeared before the Arbitrator but at the request of the appellant the meeting was adjourned till 20th December, 1980 on the ground that the appellant had been taken ill. The appellant had filed a petition for adjournment and the minutes of the proceeding before the Arbitrator are as follows:--