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2021 Supreme(Del) 391

MANMOHAN, NAVIN CHAWLA
Mangalwar Filling Station – Appellant
Versus
Indian Oil Corporation Limited – Respondent


Advocates Appeared:
For the Appellant : Mr. Anil Airi, Sr. Adv. with Mr. Rishabh Sancheti, Ms. Padma Priya, Mr. Anchit Bhandari & Ms. Shreya Gupta, Advs.
For the Respondent: Ms. Mala Narayan & Mr. Shashwat Goel, Advs.

JUDGMENT :

Manmohan, J.

1. Present appeal has been filed under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) challenging the order dated 4th March, 2021 passed by the learned District Judge (Commercial Court – 02), Patiala House Court, New Delhi whereby the Appellant’s petition under Section 34 of the Act was dismissed. Appellant also challenges the arbitral award dated 21st July, 2018 whereby the Appellant’s claim was dismissed and the Show Cause Notice dated 06th February, 2015 issued by the respondent-IOC was held to be valid.

FACTS OF THE CASE

2. The Appellant, a proprietary concern of Sh. Rajendra Kumar, is engaged in the business of running a petrol and diesel pump on the National Highway no.76, Udaipur Road, Chittorgarh, Rajasthan as granted by the respondent-Indian Oil Corporation Ltd. Originally, the Appellant was the owner of the land from where the petrol and diesel pump was being run. The respondent appointed the Appellant as a dealer vide Letter of Appointment dated 4th January, 1991.

3. Subsequently, the Appellant sold the land to the respondent and a fresh ‘Dealership Agreement’ dated 1st February, 1997 was executed whereby th

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