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2010 Supreme(Cal) 338

ASHOKE KUMAR DASADHIKARI
KUNDAN SINGH – Appellant
Versus
HINDUSTAN PETROLEUM CORPORATION LTD. – Respondent


Advocates:
Advocate Appeared:
Sabyasachi Chowdhury, Neelesh Chowdhury for the petitioner;
Debajyoti Datta, Rakhshanda Quamal for the respondent.

JUDGMENT

1. This is an application filed by the petitioner questioning a portion the award passed by Sole Arbitrator Mr. P.Rajagopalan on lath January 2010.

2. The fact remains that the petitioner was a LPG Distributor of the respondent "HINDUSTAN PETROLEUM CORPORATION LTD." having it office at P-4, Oil Installation Road, Paharpur, Kolkata-700 088, in the tow of Burdwan in the state of West Bengal. Disputes and differences aros between the petitioner and the respondent by reason of termination of dealership affected by the respondent by its letter dated 15th January, 2009 Such disputes and differences were referred to arbitration in terms of arbitration clause in the dealership agreement dated 13th June, 2005. According to clause 38 of the dealership agreement any dispute or difference of any nature whatsoever or regarding any rights, liability, act, omission on account of any of the parties hereto arising out or in relation to the agreement shall be referred to the Sole Arbitrator of the Managing Director of the Corporation or of some officer of the Corporation who may be nominated h the Managing Director. It further provides from the said clause 38 that the Arbitrator shall have p
















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