Sadhna Singh vs Indian Oil Corporation Limited
2021 Latest Caselaw 6152 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        REQUEST CASE No.75 of 2021
     ======================================================

Sadhna Singh, W/o Diwakar Prasad Singh, R/o Village-Shakti Nagar, P.O.- Purnia, P.S.-K. Haat, District-Purnia and Proprietor of M/s Prabhakar Petroleum Service, Retail Outlet dealer of Indian Oil Corporation Ltd. having its registered office at Gamharia Bazar, District-Madhepura, Bihar.

... ... Petitioner/s Versus

1. Indian Oil Corporation Limited, represented through its Managing Director and Chairman, having its registered office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai-400 051.

2. The Executive Director, Indian Oil Corporation Limited, Bihar State Office, 5th Floor, Lok Nayak Jai Prakash Bhawan, Dakbunglow Chowk, Patna- 800001.

3. The General Manager, Indian Oil Corporation Limited, Bihar State Office, 5th Floor, Lok Nayak Jai Prakash Bhawan, Dakbunglow Chowk, Patna- 800001.

4. The Deputy General Manager (RS) Indian Oil Corporation Ltd., Begusarai Divisional Office P.O.-Barauni Oil Refinery, District-Begusarai-851114.

5. The Head of Divisional Office, Indian Oil Corporation Ltd., Begusarai Divisional Office P.O.-Barauni Oil Refinery, District-Begusarai-851114.

6. The Chief Divisional Retail Sales Manager (CDRSM), Indian Oil Corporation Ltd., Begusarai Divisional Office P.O.-Barauni Oil Refinery, District-Begusarai-851114.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Neeraj Kumar Gupta, Advocate For the Respondent/s : Mr. Sanat Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 15-12-2021

This application has been moved seeking

appointment of an Arbitrator invoking the powers of this Court Patna High Court REQ. CASE No.75 of 2021 dt.15-12-2021

under Section 11(6) of the Arbitration and Conciliation Act,

1996.

Petitioner and the respondents entered into a written

dealership agreement dated 11.12.2013. The said agreement

contains an arbitration clause. The petitioner has invoked the

arbitration clause asking the respondents herein to appoint an

Arbitrator, also setting out the terms of the dispute. There is

notice dated 29.05.2021 (Annexure-9, Page 66) to this effect.

It is pleaded that the respondents have neither settled

the dispute nor responded to the said notice. The disputes are

civil in nature, arising out of the dealership agreement.

Today, there is no dispute about-(a) the legality,

validity and binding effect of a written agreement dated

11.12.2013 and subsequently entered into between the parties

to the lis; (b) the existence of arbitration clause contained

therein; (c) the existence of dispute(s) arising there from; (d)

the dispute arisen out of the agreement being civil in nature; (e)

no legal impediment in the adjudication of the dispute by the

learned Arbitrator; f) Petitioner having exhausted the channel

available for resolution of dispute; (g) the respondent having

failed to appoint an Arbitrator pursuant to the invocation of the

arbitration clause by the petitioner.

Patna High Court REQ. CASE No.75 of 2021 dt.15-12-2021

As such, Hon'ble Mrs. Justice Nilu Agrawal, Former

Judge of this Court is appointed as learned Arbitrator to

adjudicate all disputes arising out of agreement dated

11.12.2013 entered into between the parties to the lis.

All pleas and issues raised, on merits, are left open to

be considered and decided by the learned Arbitrator.

Learned Arbitrator shall be entitled to fee as per the

schedule of the Act.

Since the dispute arises out of an agreement of the

year 2013, the hearing be expedited.

Parties are directed to fully cooperate and not take

any unnecessary adjournment.

The proceedings, during the time of current

Pandemic- Covid-19 shall be conducted through digital mode,

unless the parties otherwise mutually agree to meet in person i.e.

physical mode.

It is expected of the learned Arbitrator to decide the

issues expeditiously.

Joint Registrar (List) is directed to communicate the

order to the learned Arbitrator.

Learned counsel for the parties to communicate the

order to the learned Arbitrator. Also, parties are directed to Patna High Court REQ. CASE No.75 of 2021 dt.15-12-2021

appear before him, through physical/digital mode on 03.01.2022

and apprise him of passing of this order.

Parties shall file their statement of claims before the

learned Arbitrator on such date of hearing which he may fix, as

per mutual convenience.

The Request Petition stands disposed of in the above

terms.

Interlocutory Application(s), if any, shall stand

disposed of.

                                                  (Sanjay Karol, CJ)
Sujit/-Ashwini
AFR/NAFR
CAV DATE
Uploading Date          17.12.2021
Transmission Date