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2022 Supreme(Jhk) 162

SUJIT NARAYAN PRASAD
Jharia Petrol Supply, Durgapur, through its proprietor Maina Devi – Appellant
Versus
Indian Oil Corporation Limited, through its D. G. M. (R. S. ) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vipul Poddar, Advocate
For the Respondents:Mr. Rahul Lamba, Advocate

JUDGMENT :

The matter has been taken up through video conferencing.

2. The instant application has been filed under Section 11(6)(C) of the Arbitration and Conciliation Act, 1996 for appointment of an independent Arbitrator and for reference of the dispute arising out of Clause 21 of the Agreement dated 29.09.1967 for Petrol HSD Dealer Agreement, between the parties for adjudication.

3. The brief facts of the case which led the petitioner/applicant to approach this Court by filing the instant application, are that an agreement was entered in between the petitioner/applicant and respondents, to be known as Petrol HSD Dealer Agreement, for the purpose of sale and disposal of Petrol/High Speed Diesel Oil and certain other petroleum products.

The aforesaid contract contains a provision as under Clause 21 for settlement of dispute through Arbitrator.

The petitioner/applicant was carrying out the business in terms of the aforesaid contract. However, an explanation was sought for on 15.09.1999 asking to reply as to why the penal action should not be initiated in line with Clause 14 of the said dealership agreement in violation of the terms and conditions of the aforesaid dealership agreement.

T

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