Civil Revision 7728 of 2012 v. Satyawan

CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. G.S.Brar, Advocate T.P.S. MANN, J.(Oral) The defendant has filed the present revision under Article 227 of the Constitution of India for challenging the order passed by the trial Court on 6.10.2012 whereby its application under Section 8 of the Arbitration and Conciliation Act, 1996 was dismissed. Admittedly, the plaintiff has come to the Court of law by way of a suit for rendition of accounts. He has not disputed his signatures appearing upon the agreement executed between him and the defendant at the time of advancement of the loan. However, when sufficient information was not provided to him by the defendant, the plaintiff had no other option but to knock the doors of the Court by filing a suit for rendition of accounts. It is apparent from the notice issued by the defendant on 11.9.2006 CR 7728 of 2012 -2- that an amount of Rs. 4,89,567/- was payable by the plaintiff. Similarly, 10 days thereafter another notice was sent by the defendant showing outstanding amount Rs.4,76,000/-. Nine months later, another notice was issued by the defendant showing an amount of Rs. 98,830/- as due and payable by the plaintiff. The aforementioned three notices themselves indicate that the defendant is not itself clear regarding the amount which it has to recover from the plaintiff. Thus, the plaintiff was justified in filing a suit for rendition of accounts. At the same time, he could not be forced to attend the arbitration proceedings at Kolkata after leaving his native village in Hisar district of the State of Haryana. In view of the above, there is no merit in the revision which is, accordingly, dismissed. December 20, 2012 ajay-1 ( T.P.S. MANN ) JUDGE