The Hindustan Petroleum Corporation Ltd., Rep By Its v. P. Ramdas S/O Narayya

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR Writ Appeal No. 159 of 2015 DATED:17.03.2015 Between:

Hindustan petroleum Corporation Limited, Mumbai and others.

... Appellants And P. Ramdas, Proprietor of M/s. Savitri Filling Station, HPC Dealer, Naidupet, Nellore District.

....Respondent

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR Writ Appeal No. 159 of 2015 Judgment: (per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) We are happy to note that both the learned counsel have been able to get instructions from their respective clients. They contend that the dispute raised by both the parties may be adjudicated in terms of the Arbitration Agreement. However, the nominee will be the choice of this Court.

We therefore appoint Sri K. Ashok Babu, a retired District Judge of the undivided State of Andhra Pradesh as sole Arbitrator to adjudicate the dispute between the parties. The remuneration of the learned Arbitrator and the cost of holding arbitration proceedings shall be borne by the parties in equal share. This should be assessed by the learned Arbitrator himself after deliberation and consultation with the parties. The learned Arbitrator will make and publish the award within five months from the date of entering upon reference.

The writ appeal is accordingly disposed of.

Pending miscellaneous applications shall also stand disposed of. No costs.

__________________ K.J. SENGUPTA,

CJ _________________ SANJAY KUMAR, J 17th March, 2015 Pnb