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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Prakash Padia,J.
Surajpur Indane Gas Sewa – Appellant
Versus
Indian Oil Corporation Limited And 2 Others – Respondent
JUDGMENT :
(Prakash Padia, J.)
1. Heard Shri G.K. Singh, learned Senior counsel assisted by Sri Chandrika Patel, learned counsel for the petitioner and Shri Anand Tiwari, learned counsel appearing for respondents.
2. Order dated 07.02.2024 passed by respondent no. 3/Divisional LPG Sales Head, Noida Indane Divisional Office A-1, Udyog Marg, Sector-1 Noida, District Gautam Budh Nagar as well as order dated 17.02.2025 passed in appeal by respondent no. 2/Chief General Manager (LPG) Uttar Pradesh Sales Office-II A-1, Udyog Marg, Sector-1 Noida, District Gautam Budh Nagar are under challenge.
3. Apart from various other arguments one of argument has been made by learned counsel for the petitioner that the order passed by respondent no. 2 is absolutely non speaking order and is liable to set aside.
4. On the other hand it is argued by counsel for the respondent corporation that the present writ petition filed by the petitioner is not maintainable especially in view of the fact that the petitioner has an statutory alternative remedy to approach the arbitrator as per clause 37(a) of the agreement entered between the parties on 28th November, 2014, copy of which is appended as Annexure No. 4 to
The existence of an arbitration clause in an agreement renders a writ petition not maintainable, emphasizing the importance of arbitration as an alternative dispute resolution mechanism.
The main legal point established in the judgment is that the remedy for a party aggrieved by the order or an award of the arbitral tribunal is to take remedy under the Act of 1996 rather than bringin....
Availability of alternative remedies through arbitration precludes writ jurisdiction under Article 226.
The judgment establishes the requirement of a written agreement for arbitration, the interpretation of settlement of disputes clauses, and the significance of party conduct in determining the existen....
The Arbitral Tribunal is empowered to rule on its own jurisdiction, including the validity of the arbitration agreement.
The court ruled that raising an arbitration clause in a written statement mandates referral to arbitration, and the trial court erred in appointing a nominated arbitrator from the respondents.
The main legal point established is the recognition of urgency in interim relief and the direction for an expeditious hearing before the learned Arbitrator.
The words 'Arbitral Tribunal' in Section 9(3) of Act have to take colour from all said provisions and thus have to be interpreted as Arbitral Tribunal constituted to adjudicate disputes which have ar....
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