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2019 Supreme(Raj) 1472

ALOK SHARMA
Vikram Gas Service – Appellant
Versus
Director Marketing, Bharat Petroleum Corporation Limited – Respondent


Advocates Appeared:
Sanjog Kamal Sharma, Advocate, Jai Prakash Gupta, Advocate

JUDGMENT

Alok Sharma, J. - The applicant and the non-applicant- BPCL entered into a distributorship agreement for Liquefied Petroleum Gas (LPG) cylinders on 11.5.2015. Clause 38 (a) of the agreement dated 11.5.2015 provides as under:-

    38(a). Any dispute or difference of any nature whatsoever any claim, cross-claim, counter-claim or set off of the Corporation against the Distributor or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this Agreement shall be referred to the sole Arbitration of the Director (Marketing) of the Corporation or of some officer of the Corporation who may be nominated by the Director (Marketing). The Distributor will not be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an officer of the Corporation or that he has dealt with the matters to which the contract relates or that in the course of his duties as an officer of the Corporation he had expressed views on and or any other matters in dispute or difference. In the event of the arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act fo

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