JUDGMENT :

Rohit Ranjan Agarwal, J.

1. Heard Sri Manu Khare, learned counsel for the appellant-applicant and Sri Vikas Budhwar, learned counsel for the respondents.

2. These two connected matters were heard together and are being decided by a common order.

3. Arbitration Appeal No. 23 of 2020 filed under Section 37 of the Arbitration & Conciliation Act, 1996 (for short ‘Act of 1996’) arises out of judgment and order dated 06.12.2019 passed in Arbitration Case No. 31/70/2019 (Jain Automobiles Vs. Hindustan Petroleum Corporation Ltd.) by Presiding Officer, Commercial Court, Kanpur Nagar. While Arbitration & Conciliation Application No. 45 of 2020 has been filed under Section 11 (6) of the Act of 1996 for appointment of independent Arbitrator in terms of provisions of Clause 66 of agreement dated 29.01.2013.

4. Facts of the case in nutshell are, that appellant-applicant M/s. Jain Automobiles is the sole proprietorship firm dealing in the business of petroleum products. It has a retail outlet with MS site located at Cantonment, M.G. Road, Kanpur Nagar, and HSD site located at village Bidhuna, NH-34, Kanpur Nagar. A dealership agreement was executed between the appellant-applicant and respon