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2016 Supreme(SC) 1654

SHIVA KIRTI SINGH, R.BANUMATHI
Indian Oil Corp. Ltd. – Appellant
Versus
Atma Ram Banarasi Dass – Respondent


Advocate Appeared:
For the Appellants :Tushar Mehta, ASG, D. Moitra, Ms. Surchi Mittal, T. Mahipal, Advocates.

ORDER :

1. Despite service of notice, nobody appeared on behalf of the sole respondent.

2. Heard learned counsel for the appellants.

3. By the order under appeal dated 20th March, 2009 the judge designated by the Chief Justice of Punjab and Haryana High Court has allowed an application filed by the respondent under Section 11(6) of the Arbitration and Conciliation Act 1996 (hereinafter referred to as an 'Act') and appointed a retired District and Sessions Judge at Panchkula, to act as the sole Arbitrator.

4. From the narration of facts, it transpires that the respondent had the privilege of selling Petrol and HSD(Diesel) as a pump dealer and pursuant to an inspection, an allegation appears to have been made against him of selling adulterated petrol/diesel. On that account his licence for selling petrol/HSD (Diesel) was suspended. It led to filing of a Civil Suit in December, 2006. The suit was resisted by the appellants by filing an application under Section 8 of the Act on the ground that the parties were bound by an Agreement which contains an arbitration clause. The Civil Court stayed the suit by an order passed on 24.02.2007 holding that the plaintiff/respondent could raise his gri






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