GAHC010010382025

IN THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

PRINCIPAL SEAT

A . P N . 6/2025

RB ET O

M/S NES Digboi Bogapani (177804),

A proprietorship concern, represented by its Proprietor, Mrs. Ranjita Dhanowar, Aged about 41 years, wife of Sri Gautam Dhanowar, Lachit Nagar, P.O & P.S.-Digboi,

District-Tinsukia, Assam, 786171

……..Petitioner

-Versus

Bharat Petroleum Corporation Limited,

Represented by Territory Manager, Retail Bharat Petroleum Corporation Limited, First Floor, Nexia Park GMCH Road, Ananda Nagar, Christian Basti, Guwahati,

Assam 781005

……..Respondents

B E F O R E

– –

SOUMITRA SAIKIA

HON’BLE MR. JUSTICE

Advocate for the petitioner :Mr. G.N Sahewalla, Sr Advocate

Assisted by Mr. M Sahewala, Advocate

Advocate for the respondents :Mr. S.S Roy, CGC

Mr. S Borthakur, Advocate

 Date on which Judgment was reserved : 16.09.2025

 Date of Pronouncement of Judgment : 16.12.2025  Whether the pronouncement is of the Operative Part of the Judgment : No  Whether the full Judgment has been Pronounced : Yes JUDGMENT AND ORDER (CAV)

Heard Mr. GN Sahewalla, learned Senior Counsel assisted by Mr. M Sahewalla, learned counsel for the petitioner. Also heard Mr. S Borthakur, learned counsel and Mr. SS Roy, learned CGC for the respondent.

2. The petitioner before this Court was awarded dealership of Dispensing Pump and Selling License by respondent company by execution of proper agreement dated 28.03.2023. By the said agreement, the petitioner had been running a petrol pump at Tingrai Gaon, Tinsukia since the year 2008. On the basis of a dealership granted to the petitioner by Numaligarh Refinery Limited (hereinafter referred to as “NRL”), the NRL was taken over by BPCL in the year 2012 whereupon a fresh agreement was entered by and between the petitioner and BPCL for running the patrol pump. In the year 2023, there was some persistent malfunctioning in the dispensing unit of the petitioner’s petrol pump. This dispensing unit was installed and maintained by M/S Gilbarco Vedder Root (GVR) which was 3^rd Party vendor appointed by the BPCL and who supplied the dispensing unit for the petrol pump. The internal parts of the dispensing units were sent to GVR for testing wherein it was found that the dispensing unit had been manipulated and tampered with.

3. It is the petitioner's case that the Legal Metrology Department, Government of Assam had inspected the dispensing unit as a whole and issued a certificate ruling out any irregularity or tampering in a dispensing unit. However, a show-cause notice dated 22.01.2024 was issued to the BPCL asking them to show cause as to why the dealership agreement should not be cancelled. The petitioner although replied to the show-cause notice, however, subsequently approached the Court of Civil Judge (Senior Division)-cum-Commercial Court, Kamrup (Metro) under Section 9 of the Arbitration and Conciliation Act, 1996 praying for an interim protection restraining the BPCL, namely, the respondent from terminating the dealership agreement. The Commercial Court by order dated 03.07.2024 granted an interim injunction to the petitioner restraining the BPCL from taking any coercive action. The agreement executed by and between the petitioner and the respondent contained a clause being Clause- 19 which provided for settling any disputes and differences arising between the parties by appointment of an arbitrator. The petitioner therefore issued a notice dated 15.07.2024 calling upon the respondents to appoint an Arbitrator. However, the respondent did not reply to the notice issued. Meanwhile, since the respondent did not appear before the Commercial Court on subsequent dates, the interim injunction granted by the Commercial Court was made absolute by order dated 07.09.2024. The respondent authority thereafter filed an appeal before the Appellate Court of the Commercial Courts Division, namely, the Court of the Additional District Judge No. 2, Kamrup (Metro) whereupon the appellate Court staye