M/S Tatpar Petroleum Centre vs Indian Oil Corporation Ltd.
2021 Latest Caselaw 2558 MP

                                                   1




                 THE HIGH COURT OF MADHYA PRADESH

                      ARBITRATION APPEAL No.29/2021
                  (M/s Tatpar Petroleum Centre Proprietor Vs. Indian Oil Corporation Ltd.)


Jabalpur, Dated: 21/06/2021
     Heard through Video Conferencing.
     Shri Himanshu Mishra, learned counsel for the appellant.
     Shri Aditya Adhikari, learned senior counsel with Shri Deepak Tiwari,
     learned counsel for the respondents.

Heard.

By this appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (for short "the Act"), appellant has challenged the order dated 10.06.2021 whereby, the Commercial Court has refused the prayer for grant of ex parte stay.

2. The appellant is a retail outlet dealer and agreement for Dealer Control Outlets was executed between the appellant and the respondents - Indian Oil Corporation Ltd. Certain irregularities were allegedly found, hence, show-cause notice dated 31.03.2021 was issued to the appellant initiating action for termination of dealership agreement.

3. The appellant being aggrieved with the said action had filed the application under Section 9 of the Act before the Commercial Court for grant of interim measure wherein, the impugned order has been passed.

4. Learned counsel appearing for the appellant submits that the only allegation against the appellant is that it had done alteration in the motherboard of dispensing unit but there is no cogent material in this regard and that the signature of the authorized representative of the respondents in the panchnama dated 15.09.2020 and 22.09.2020 are false, therefore, the respondents be restrained from terminating the contract.

5. Learned counsel appearing for the respondents has opposed the prayer by submitting that the agreement contains the clause relating to termination and it is a case covered by Section 14(1)(c) of the Specific Relief Act, 1963, therefore, in terms of the judgment of Supreme Court in the matter of Indian Oil Corporation Ltd. Vs. Amritsar Gas Service

and others, 1991 (1) SCC 533, the appellant is not entitled for any interim relief. He has further submitted that there is serious allegation against the tampering of CPU which has affected the deliveries and that only the prayer for ex parte interim relief has been rejected by the Court below.

6. Having heard learned counsel for the parties and on perusal of the record, it is noticed that by the impugned order, the Court below has refused the prayer for ex parte interim relief taking note of the circumstances of the case and finding that no compelling circumstances exist for granting interim relief and, therefore, the Court had issued notice to the other side and has fixed the case for reply arguments on 29.06.2021.

7. Learned counsel for the respondents has stated before the Court that the respondents will be appearing before the Court below on the next date. Hence, the appellant will have an opportunity to press for the interim measure on the next date of hearing before the Court below.

8. Having regard to the circumstances of the case as also the argument advanced by counsel for the respondents, we are of the opinion that impugned order passed by the Court below does not suffer from any error and it would be in the fitness of the things that the Court below considers the prayer for grant of interim relief on the next date of hearing or soon thereafter in case if any adjournment is granted on the next date.

9. We have refrained ourself from expressing any opinion on the merits of the matter as the same would prejudice the case of the parties before the Court below where the issue relating to grant of interim measure is yet to be decided. Hence, we dispose of the present appeal expressing hope that the Court below will make endeavour to consider the appellant's plea relating to grant of interim measure on the next date of hearing or soon thereafter.

            (PRAKASH SHRIVASTAVA                             (VIRENDER SINGH)
                JUDGE                                              JUDGE
            Biswal



     SHIBA NARAYAN BISWAL
     2021.06.25 17:43:57 +05'30'