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2016 Supreme(All) 2624

V.K.SHUKLA, MAHESH CHANDRA TRIPATHI
Jagdish Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Hari Narayan Singh, Om Prakash Singh, Punam Purwar, Sushil Kumar Rao.
For the Respondent: A.S.G.I., Archana Singh.

JUDGMENT

Jagdish Singh son of Sri Puran Singh is before this Court and his grievance is that the award dated 30.11.2016 passed by sole arbitrator is not at all being given effect to and, therefore, a request is being made to issue writ of mandamus directing the respondents no. 2, 3 and 4 to implement the said award in question. The second prayer that has been so made is to the effect that the respondents may be directed to give supply of the petroleum produce, i.e., MS/HSD regularly to the petitioner's retail outlet forthwith in pusuance of the award in question and last prayer is to direct the respondents not to interfere with the sales and supply of the diesel/petrol in the petitioner's retail outlet in pursuance of the said award in question.

2. On the matter being taken up, Sri Prakash Padia has placed reliance on the Judgment of Apex Court in AIR 2006 Supreme Court 450, M/S S.B.P. & Co. Vs. M/S Patel Engineering Ltd. & another, wherein the Hon'ble Apex Court has proceeded to take the following view in paragraph 46: -

"46. We, therefore, sum up our conclusions as follows:

i) The power exercised by the Chief Justice of the High Court or the Chief Justice of India under Section 11(6

















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