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2022 Supreme(Bom) 1390

ROHIT B.DEO
Ravindra – Appellant
Versus
Devendra – Respondent


Advocates appeared:
Raju Dhoble, Advocate, M. S. Sharma, Advocate, S. B. Mohta, Advocate

JUDGMENT

Rohit B. Deo, J. - This application is preferred under Section 11 of the arbitration and Conciliation act, 1996 (act) for appointment of arbitrator. The gist of the averment in the application is that non-applicant 1 is an agent of the Indian Oil Corporation (IOC) and operates a petrol pump under the name and style 'M/s. Deven automobile' which is situated on Nagpur-Kalmeshwar Road. For diverse reasons, the non-applicant 1 was facing difficulties in operating the petrol pump and approached the applicant to take over the agency. Negotiations ensued, which culminated into an agreement dated 23.03.2010. Certain disputes arose, and the applicant instituted Special Civil Suit 585/2013 in which non-applicant 1 preferred an application under Section 8 of the act for referring the dispute to an arbitrator in view of the arbitration clause in the agreement dated 23.03.2010. The Civil Judge allowed the application under Section 8 of the act vide order dated 18.10.2014. The applicant approached the High Court in civil revision challenging the order of the Civil Judge whereby the parties were directed to refer the dispute to the arbitrator. The High Court rejected the civil revision ap

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