Parties can continue operations under interim orders while arbitration resolves partnership disputes.

JUDGMENT

1. The Petitioners have filed this Writ Petition seeking direction to the Respondent No.1 not to enforce certain clauses of Ext.P9 by which permission for temporary operation to operate the petroleum outlet was granted, and to permit the Petitioners to continue the operation of the current account of the Petitioner No.1 until partnership is reconstituted in accordance with Clause 19 of Ext.P1 as directed in Ext.P9. The Writ Petition was filed on the death of one of the partners of Petitioner No.1/Dealer, when a dispute arose among the remaining partners and the legal heirs of the deceased partner.

2. When this matter is taken up for consideration, the learned Senior Counsel for the Petitioners submitted that there are two interim orders dated 09.07.2024 and 29.08.2024 in favour of the Petitioners, and on the strength of those orders, the Petitioners have been conducting the petroleum retail outlet. Now, as per Ext.P7 Order of this Court, an Arbitration Panel is appointed, and the parties have given consent for appointing the Arbitrator from the said panel. Hence, the Petitioners may be permitted to continue the operation of the outlet, subject to the orders to be passed by the Arbitral Tribunal appointed as per the Ext.P7 Order.

3. The learned Counsel for the First Respondent - Oil Marketing Company submitted that the Oil Marketing Company is not made a party in the said Arbitration. Senior Counsel for the Petitioners, on behalf of the Petitioners, assured that the Petitioners will file an impleading petition to implead the Oil Marketing Company in the Arbitration proceedings.

4. Accordingly, this Writ Petition is disposed of, maintaining the aforesaid two interim orders dated 09.07.2024 and 29.08.2024, which shall be subject to the orders, interim or final, to be passed by the Arbitral Tribunal in the matter.

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