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2007 Supreme(Mad) 3150

R.BANUMATHI, FAKKIR MOHAMED IBRAHIM KALIFULLA
Bharat Petroleum Corporation Limited – Appellant
Versus
Rajarajeswari Agency, Chennai 600 116 and Another – Respondent


Advocates Appeared:
R. Murari, for Appellant.
R. Krishnamoorthy, Senior Counsel for V. Ayyadurai, for Respondents.

Judgment :

R. BANUMATHI, J.

Aggrieved against the Order of the learned single Judge in O.P. No. 295 of 2000 (dated 31.10.2003), setting aside the award passed by the Arbitrator, Bharath Petroleum Corporation Limited (BPCL) has preferred this Appeal.

2. The brief facts giving rise to this Appeal are as follows:

(i) The first respondent is physically handicapped Ex-serviceman. LPG Distributorship was granted to the first respondent in 1996 for supply of LPG Cylinders for household consumers in Saligramam Area. There were frequent complaint from customers due to market backlog. For shortage of 249 cylinders, a debit note for Rs. 3,73,500/-was raised on 31.7.1994 and part payment against the same was received from the first respondent-Distributor on 8.1.1996 (Rs. 2,11,650/-) and not the entire amount. The balance amount of Rs. 1,66,850/-was due to the Company on account of SV/TV amount. Inspite of letters, which were duly acknowledged by the first respondent-Distributor no amount was paid. When senior Sales Officer of Appellant-Corporation had visited the godown and the showroom in the morning of 28.1.1997 and there were no signs of any distribution of refill cylinders. The godown and










































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