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1985 Supreme(All) 209

M.WAHAJUDDIN
INDIAN OIL CORPN. LTD. – Appellant
Versus
SANJAI – Respondent


Advocates Appeared:
RAJESH KUMAR AGRAWAL, RAJESWAR BHATTACHARJEE, RUDRESHWARI PRASAD

M. WAHAJUDDIN, J.

( 1 ) AN application under S. 20 of the Arbitration Act having been moved by the opposite party Sanjai Agarwal and another before IV Additional District Judge, Jaunpur, was registered as Suit No. 32 of 1984. It would appear that the Indian Oil Corporation Limited created an agency for supply and distribution of gas in favour of Sanjai Agarwal running M/s. Allied Gas Service, Jaunpur. It later cancelled such agency on the ground that the agency was obtained by practising fraud and misrepresentation upon the Indian Oil Corporation Limited regarding eligibility of the applicant for such agency. The two specific allegations in that case are that Sanjai Agarwal concealed that he is self employed, being partner in firm, and that he also made wrong representation that he is not paying income-tax. The case of the revisionist is that but for the misrepresentation, fraud and material suppression the opposite party would not be eligible for the agency, as such agencies are meant for certain categories of persons in which the opposite party is not covered. The revisionist, therefore, cancelled the agency of the applicant and stopped gas supply. The opposite party was called up






























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