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2020 Supreme(Del) 160

PRATEEK JALAN
Sukhbir Singh – Appellant
Versus
Hindustan Petroleum Corporation Ltd. – Respondent


Advocates Appeared:
Sanat Kumar, Advocate, Vinayak Batta, Advocate, Anupam Srivastava, Advocate, Divya Joshi, Advocate

JUDGMENT :

Prateek Jalan, J.

By the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as "the Act"], the petitioner seeks setting aside of an award dated 09.09.2014, rendered by a sole arbitrator [hereinafter referred to as "the award"].

FACTS

2. The petitioner and the respondent were parties to a dealership agreement dated 27.06.1994 under which the petitioner was running a retail outlet for petrol, diesel, motor oils, greases, and other such products. The term of the agreement was fifteen years.

3. The controversy between the parties, which gave rise to arbitration proceedings, concerns a sample of motor spirit ["MS"] taken from the petitioner's retail outlet on 22.01.2009. The inspection of MS at the retail outlet of the petitioner is stated to have failed in the mobile lab test report, although the sample of High Speed Diesel ["HSD"] was found to meet with specifications. Depot samples ["supply location sample"], alongwith a Tank Truck Retention Sample ["TT Sample"] and Retail Outlet Sample ["RO Sample"] were sent by the respondent to its laboratory, and received on 24.01.2009. The laboratory report dated 25.02.2009, in resp

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