Hon’ble V.K. Shukla, J.—Present writ petition has been filed by the petitioner before this Court questioning the validity of the order dated 25.11.2009 passed by the General Manager U.P.S.O.-II Indian Oil Corporation Ltd., E-8 Sector-1 Noida canceling Retail Outlet Agency of the petitioner and order of its affirmance in appeal vide order dated 29.3.2010 passed by Executive Director (Retail Sales), Indian Oil Corporation Ltd. (Marketing Division) Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra, (East) Mumbai. Civil Misc. Writ Petition No. 45358 of 2010 has been filed by Indian Oil Corporation refusing to refer the matter of Arbitrator by Civil Judge, Senior Division, Moradabad.

2. Brief background of the case is that petitioner has been dealer of the Indian Oil Corporation Ltd. at Site ‘B’ Majhola Delhi Road, Moradabad since 1967 and has been running his dealership in the name and style of M/s Auto Oil Company which is a sole proprietorship concern. The dispensing unit of the petitioner Make T-20 (Tokheim 2T Mix) machine with grade MS 3% was defective with respect to which the petitioner made a complaint to the local office of the respondents. On such complaint, inspection was done by the officials of the manufacturer, who found the actual problem of excess delivery of the meter assembly as meter assembly was reporting 25 M.L. to 90 M.L. excess. After the report was submitted and upon verification by the officials of the respondents themselves, it was found that the meter assembly unit required to be changed. Accordingly, meter assembly unit of the machine was arranged by the respondents on 15.9.2009. Petitioner has stated that for the purposes of changing the said part of the machine necessary permission was required from the Weights and Measures Department and petitioner in his turn completed necessary formalities and deposited requisite fee to the Weights and Measures Department vide receipt dated 16.9.2009, bearing receipt No. 400319 and 400305 for an amount of Rs. 500/- and Rs. 970/- respectively. Petitioner has stated that official of Weight and Measure Department on 18.9.2009 sealed the same and issue him certificate accordingly. Petitioner has further stated that after the sealing was done, the Anti-adulteration Cell of the respondent corporation visited the site and prepared an inspection report whereby, it verified that stock variation was within permissible limits and all the weights and measures certification were available at the time of inspection. It was further clarified that Weights and Measures seals on all the totalisers were found O.K. at the time of inspection and all the weights and measures seal of all the dispensing units were found intact at the time of inspection. Petitioner has stated during their inspection on 18.9.2009, the officials of the respondent corporation also mishandled the seals as put by the Weights and Measures Department. On 24.9.2009 the Weights and Measures Department again inspected the petitioners unit and found that their seals as put on the petrol dispensing unit had been tampered with. The said dispensing unit was thereafter sealed by the Weights and Measures Department and sales from the aforesaid unit was closed. The petitioner was accordingly issued a show cause notice by the Senior Inspector of the Weights and Measures Department of the State Government. The petitioner immediately replied the said show cause notice on 25.9.2009 and specifically stated that one Sri K.K. Verma, who was the Chief Manager of the Anti-adulteration Cell has tampered the seal put by the Weights and Measures Department and has pulled out the pin from the seal which was strongly objected to by Manager of the petitioners Sri N.K. Rastogi who was present on the spot. However, on such objection, Sri K.K. Verma prepared a false report about improper sealing and pressurized the Manager of the petitioners to put his signature, which was refused by Sri N.K. Rastogi and he said that he will not pu