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2009 Supreme(SC) 2007

S.B.SINHA, A.K.GANGULY
Ankur Filling Station – Appellant
Versus
Hindustan Petroleum Corporation Limited – Respondent


Advocate Appeared:
For the Petitioner:Pinaki Mishra, Senior Advocate (Sugam Sath, Arjon Pante and Ms. Jyoti Mendiratta, Advocates.
For the Respondent:Sanjay Kapur, Ms. Shubhra Kapur, Rajiv Kapur and Ms. Arti Singh, Advocates.

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 b

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