ORDER :

S.B. Sinha, A.K. Ganguly, JJ.

In view of the decision of this Court in Harbanslal Sahnia & Anr. vs. Indian Oil corporation Ltd. & Ors.(2003) 2 SCC 107, E.Vankatakrishna vs. Indian Oil Corporation & Anr.(2000) 7 SCC 764, let notice be issued.

2. However, we are of the opinion that the aforementioned decisions would require re-consideration by a larger Bench of this Court in the light of various other decisions of this Court and in particular in Hindustan Petroleum Corporation Limited vs. Pinkcity Midway Petroleum (2003) 6 SCC 503, Sanjana M. Wig (Ms) vs. Hindustan Petroleum Corporation Ltd. (2005) 8 SCC 242, United India Insurance Company Ltd. vs. Manubhai Dharmasinhbhai Gajera & Ors. (2008) 10 SCC 404.

3. Prima facie we are of the view that although in a given case the Arbitrator may not be entitled to direct restoration of supply by itself may not be a ground to entertain a writ application, particularly when the remedy of the petitioner in such an event may also lie by filing a civil suit. Therefore, in our opinion this matter should be considered by a larger Bench.

4. Let the matter be placed before Hon'ble the Chief Justice of India for appropriate orders. Any action taken by the respondents in the meanwhile shall abide by the result of the matter.