Order

17/03/2023

1. On account of the ongoing lawyers’ strike, the counsel for the parties are abstaining from work and not appearing in courts. However, in view of the Hon’ble Apex Court judgment of Harish Uppal vs. Union of India: (2002) 3 SCC 45, this Court is constrained to take up the matter as per the pleadings.

2. The present appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short “the Act of 1996”) for quashing and setting aside order dated 17.11.2022 passed by Commercial Court No.1, Jaipur Metropolitan-II, Jaipur in CMNC Application No.448/2022, refusing to grant any interim relief to the appellant-applicant under Section 9 of the Act of 1996 pending the appointment of an Arbitrator.

3. It is reflected that the appellant was allotted a dealership to operate IOCL fuel dealership/retail outlet/Kisan Seva Kendra for a period of 15 years vide agreement dated 01.07.2010. A show cause notice (for short “SCN”) dated 23.05.2022 was issued to the appellant by the respondents alleging that the appellant had made manipulations and committed serious irregularities with the dispensing unit.

4. Aggrieved with the SCN, the appellant filed an application under