R.L. Anand, J. - (1.) THIS is a Civil Revision and has been directed against the order dated 3.6.1995, passed by the Court of Sub Judge Ist Class. Kharar, who, dismissed the petition of the present Petitioner under Section 20 of the Indian Arbitration Act, 1940.
(2.) THE case set up by the Petitioner before the trial court was that M/S Krishi Tractors, Malout, through its partner Mr. Ravindra Sharma was the dealer of M/S Punjab Tractors Ltd. This dealership continued right up to 1986. The Petitioner called upon the Respondent to refer the matter to the arbitration in pursuance of the arbitration clause which was settled between the parties with regard to the transactions of dealership. Respondent M/S Punjab Tractor Ltd. did not refer the matter to the arbitration in spite of the fact that dispute arose between the parties was covered by the arbitration clause. Hence the petition under Section 20 of the Indian Arbitration Act was instituted in the trial Court on 16.4.1993 and it was registered as application No. 3. Notice of the petition was given to the Respondent who filed the reply and denied the contents of the petition under Section 20 of the Arbitration Act mainly on the ground that no valid arbitration agreement subsisted and moreover, the application which has been filed under Section 20 of the Indian Arbitration Act is hopelessly barred by limitation.
(3.) FROM the above pleadings of the parties, the trial Court framed the following issues: 1. Whether there is an agreement between the parties for referring to the matter in dispute inter se between them to arbitration? OPA . 2. If issue No. 1 is proved, whether the dispute is liable to be referred to arbitration? OPA 3. Whether the application is within time? OPA 4. Relief.;