MAHABIR GRAM UDYOG MANDAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Mahabir Gram Udyog Mandal, Jotipura, Hissar, which is a registered body, had applied for the grant of loan of Rs. 66,800/- from the Haryana Khadi and Village Industries Board, respondent No. 2. Different amounts of loan were sanctioned by respondent No. 2 in favour of the petitioner under different heads and paid. The petitioner has come to this Court raising certain questions regarding the payment of interest, mode of recovery, time of recovery etc ., e.g. According to the petitioner 2-1/2 per cent was the rate of interest, which was to be paid to respondent No. 2 and further that for certain loans, no interest was chargeable for five years by respondent No. 2. The respondent No. 2, in the return, contested the claim of the petitioner and contested the points raised by it. The averment of the petitioner that according to the agreement in case of dispute, the matter was to be referred to arbitration was accepted by respondent No. 2. It was, however, averred by respondent No. 2 that no dispute referrable to arbitration existed between the parties.

(2.) The petitioner has raised purely questions of fact, which are disputed on behalf of respondent No. 2. The law is well-settled that writ petition cannot be entertained or adjudicated on the disputed questions of fact. The petition is misconceived, and requires dismissal on that point.

(3.) Clause 19 of Annexure P. 1, which is an arbitration clause is as under :-