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2024 Supreme(Online)(HC) 65

Vinod Chatterji Koul, J
M/s Shah Charaag Gas Service HPCL/LPG Distributor Channi Himmat Jammu through its Sole Proprietor Kuldeep Shahbadi – Appellant
Versus
Hindustan Petroleum Corporation Ltd. – Respondent


Advocates:
For the Appellants/Petitioners:Mr. P N Goja, Sr. Advocate, Mr. Abhinav Jamwal, Advocate
For the Respondents:Mr. R P Sharma, Advocate

JUDGEMENT

1. The appellant is aggrieved of the order dated 20.11.2015 passed by the Court of 2nd Additional District Judge, Jammu (for short „the Trial Court’) in an application under Section 9 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 (hereinafter referred to as ‘the Act’ for short).

2. Briefly stated facts of the case are that the petitioner had filed a petition under Section 8 read with Section 9 of the Act for referring the dispute and Sr. No. MA No. 248/2015 difference inter se the parties for arbitration in terms of Clause 39 of the Dealership (Domestic and Commercial) Agreement to the Arbitrator and sought injunction under Section 9 of the said Act. The Trial Court while dealing with the matter, allowed the prayer made in the application under Section 8 holding that the dispute has arisen between the parties which needs to be referred to the Arbitrator as contemplated in Arbitration Agreement and the dispute between the parties was referred to Arbitrator as contemplated under Clause 39 of the Dealership Agreement as the order to this effect has been challenged by the respondent in a separate appeal i.e

MA No. 248/2015, the said appeal would be dealt

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