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2026 Supreme(Online)(Ker) 13464

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
JAY KAY FUELS INDIAN OIL DEALER – Appellant
Versus
INDIAN OIL CORPORATION LIMITED (IOC) – Respondent


Advocates:
For the Appellants/Petitioners: SMT.M.U.VIJAYALAKSHMI, SRI.K.JAJU BABU (SR.), SRI.BRIJESH MOHAN, SHRI.SACHIN RAMESH, KUM.T.S.ATHIRA
For the Respondents: SHRI.NITHIN GEORGE, SRI.JOSEPH SEBASTIAN PURAYIDAM, SHRI.RITHU JOSE, SHRI.M.V.HARIDAS MENON

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

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