The loan cum hypothecation agreement very much contains an arbitration clause as reflected in the order impugned. Whether the loan cum hypothecation agreement is genuine or not can be considered by the arbitrator himself in the proceedings. The decisions relied by the petitioner have no relevance as those are cases where the vehicle was forcibly taken possession of allegedly opposed to public policy. 2. The autorikshaw which is the subject matter of the loan cum hypothecation agreement has not been repossessed till date. The dispute between the owner and the hirer can be resolved by proceedings under the Arbitration and Conciliation Act, 1996. The court below was therefore right in allowing the application filed by the respondent under Section 8 of the said Act and referring the parties to arbitration.
The Civil Revision Petition is dismissed.
Sd/-
V. CHITAMBARESH JUDGE sd // True Copy // P.A. To Judge