Shri Sanjay Kumar v. Hindustan Petroleum Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.5 of 2021 ====================================================== 1.

Shri Sanjay Kumar S/o Shri Ram Chandra Chaudhary, residing at Village Chakausan, P.O. - Bajidpur Sadad, P.S. Biddupur, District - Vaishali, Bihar, Proprietor of M/s Ambe Petroleum, HPCL, Petrol Pump, AT- Chakausan, P.O.- Kutubpur, P.S.- Bidupur, Dist. - Vaishali, Bihar. 2.

M/s Ambe Petroleum, through its Proprietor Shri Sanjay Kumar, HPCL Petrol Pump, AT- Chakausan, P.O.- Kutubpur, P.S. - Bidupur, Dist. - Vaishali, Bihar.

... ... Petitioner/s

Versus

1.

Hindustan Petroleum Corporation Limited a company registered under the Indian Companies Act, 1956, having its registered Office at 17, Jamshedji Tata Road, Mumbai - 400020, and having its regional office at Lok Nayak Jai Prakash Bhawan, 6th Floor, P.O. Box No. 40, Dak Bunglow Chowk, Patna - 800001, through its Chief Regional Manager. 2.

Chief Regional Manager, Hindustan Petroleum Corporation Limited, having its regional Office at Lok Nayak Jai Prakash Bhawan, 6th Floor, P.O. Box No. 40, Dak Bunglow Chowk, Patna - 800001.

3.

Senior Regional Manager, Hindustan Petroleum Corporation Limited, having its regional office at Lok Nayak Jai Prakash Bhawan, 6th Floor, P.O. Box No. 40, Dak Bunglow Chowk, Patna - 800001. 4.

Deputy General Manager- Retail and duly constituted attorney, Lok Nayak Jai Prakash Bhawan, 6th Floor, P.O. Box No. 40, Dak Bunglow Chowk, Patna - 800001.

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

For the Petitioner/s :

Mr.Siddhartha Prasad For the Respondent/s :

Mr.Neeraj Kumar Gupta ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 10-03-2021 This application has been moved seeking appointment of an Arbitrator invoking the powers of this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996. There is no dispute about-(a) the existence, legality, validity and binding effect of the agreement dated 20.12.2001

2/4 entered into between the parties to the lis [Annexure-1]; (b) the existence of arbitration clause contained therein; (c) the existence of dispute(s) arisen there from; and (d) the parties noticed of the same.

Before this Court it is not disputed that an attempt for amicable settlement was made but dispute effectively could not be resolved.

Parties jointly pray that the dispute emanating out of the agreement, civil in nature, be referred to the Arbitrator. At this stage, learned counsel for the parties jointly prayed that a retired Judge of the Patna High Court, namely, Hon'ble Mr. Justice Navaniti Prasad Singh, Retd. be appointed as an Arbitrator to adjudicate the dispute.

No other plea raised or pressed.

Ordered accordingly.

Petition stands disposed of in the following terms: (a) Dispute inter se the parties emanating out of the agreement dated 20.12.2001 (Annexure-1) executed between the petitioner and the respondents is referred for arbitration to Hon'ble Mr. Justice Navaniti Prasad Singh;

(b) the proceedings, as parties agree, can be

3/4 conducted through the mode of video conferencing; (c) parties undertake to appear before the learned Arbitrator on 5th of April, 2021 at 10.30 A.M. through virtual or physical mode.

(d) during the period of current Pandemic Covid19, subject to the convenience, arbitral proceeding can commence and conclude using facility of video conferencing/other electronic mode.

(e) parties shall fully co-operate and not take any unnecessary adjournment;

(f) parties undertake to apprise the learned Arbitrator of the passing of the order;

(g) this Court is hopeful that the dispute shall be adjudicated at the earliest;

(h) learned Arbitrator shall be entitled to fee as per the prescribed schedule;

(i) learned Registrar General of this Court shall ensure that a copy of this order is made available to the learned Arbitrator;

(j) parties shall file their statement of claim before the learned Arbitrator on such date of hearing which he may fix,

4/4 as per mutual convenience;

(k) no order as to costs;

The present petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) anil/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 19.03.2021 Transmission Date N.A.