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2022 Supreme(Pat) 26

ANIL KUMAR SINHA
Dwivedi and Sons through its Partner, namely, Sri Amrendra Prakash Dwivedi – Appellant
Versus
Bharat Petroleum Corporation Limited through its Chairman, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Amit Shrivastava, Senior Advocate, Mr. Kunal Tiwary, Mr. Girish Pandey
For the Respondent: Mr. Siddhartha Prasad Mr. Om Prakash Kumar

JUDGMENT :

The present application has been filed, under Article 227 of the Constitution of India, for setting aside the order, dated 25.04.2019, passed by the District Judge, Patna, in Misc. (Arbitration) Case No. 12 of 2019, whereby the said misc. case has been admitted for hearing.

2. Misc. Case no. 12 of 2019 has been filed, under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the 1996 Act’) by the respondent-Bharat Petroleum Corporation Limited (in short, ‘Corporation’), challenging the arbitral award, dated 02.07.2018, passed by the Arbitrator Hon’ble Justice Smt. Mridula Mishra (Retd.).

3. The petitioner is a firm, engaged in selling of petroleum products and was granted license for operating the petrol pump by the respondent-Corporation on 17.01.2017, but the said license was cancelled, which was challenged by the petitioner in CWJC No. 1493 of 2017. This Court, vide order, dated 21.03.2017, directed the petitioner to take steps for arbitration. Thereafter, the petitioner filed Request Case No. 91 of 2017, in which this Court, vide order, dated 30.08.2017, directed for appointment of Arbitrator. The learned Arbitrator thereafter conducted

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