Patna High CourtCWJC/1493/2017withdrawn

M/S Diwedi And Sons v. Bharat Petroleum Corporation Limited And ORS

2017-03-21Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1493 of 2017 ======================================================

1. M/s Diwedi & Sons through its Partner Namely Amrendra Prakash Diwedi Son of late Swami Nath Dubey Resident of Mohalla- Diwedi Colony, P.S. Siwan (Town), District- Siwan.

.... .... Petitioner/s

Versus

1. Bharat Petroleum Corporation Limited limited through its Chairman, Bharat Bhawan, 4 & 6 Currimbhoy Road, Ballard Estate, P.O. 688, Mumbai -1

2. Head Retail (East ) Bharat Petroleum Corporation Limited, Bharat Bhawan, Plot No. 31 Prince Gulam Mohammad Shah road, Golf Green, Post Box No. 16201 and 16204, Kolkata -700098

3. Territorial Manager (Retail) Bharat Petroleum Corporation Limtied, Villlage- Sherpur, Near Narain Anant Station , NH. 28, P.O. MIC, Bella, P.S. & District -Muzaffarpur, Pin Code 842005

4. Deputy Manager, Sales & Engineering , Bharat Petroleum Corporation Limited, Village-Sherpur, Near Narain Anant Station , NH-28, P.O MIC, Bella, P.S & District- Muzaffarpur, Pin Code 842005

5. DGM(Logistic), East, Bharat Petroleum Corporation Limited, Eastern Regional Office, Plot No. 31, KIT Scheme No. 118, Gulam Mohammad Shah Road, Golf Green Kolkata.

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

For the Petitioner/s : Mr. J.P.Singh, Sr. Advocate Mr. Kunal Tiwary For the Respondent/s : Mr. Madhuresh Prasad Mr. Achay Shanker.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-03-2017 This case was heard and 17.4.2017 was the date fixed under the heading "For Orders" but in the meantime, learned counsel for the petitioner has filed a mentioning slip and requested for listing the case under the heading "To Be Mentioned" with the consent of the parties.

Accordingly the case is today listed under the heading

Patna High Court CWJC No.1493 of 2017 (4) dt.21-03-2017 "To Be Mentioned".

Learned counsel for the petitioner submits that under clause of the Arbitration it will be prudent that petitioner will opt to go to the arbitration instead of deciding the case in the present proceeding.

In such view of the matter, petitioner is directed to take steps for arbitration.

Accordingly this writ petition is permitted to be withdrawn.

(Shivaji Pandey, J) Vinay/- U