M/S Shree Mahaveeer Servo Petrol Poin Represented By Shri Bindeshwariprasad S/O Ganeshseht Gupta v. Indian Oil Corporation Ltd., Through Its Managing Director, Mumbai And 3 Others
1 mca94.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR MISCELLANEOUS CIVIL APPLICATION NO.
/201 M/s. Shree Mahaveer Servo Petrol Point ..Versus..
Indian Oil Corporation Ltd. and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.
DATE : 3.8.2015 Heard Shri M.K. Kulkarni, learned advocate for the applicant and Shri Rohit Joshi, learned advocate for the non-applicants. The applicant has filed this application under Section 11(6) of the Arbitration and Conciliation Act, 1996 praying that an Arbitrator be appointed to resolve the dispute between the applicant and the non-applicants. According to the applicant, the dispute concerning the dealership agreement is required to be dealt with by the sole Arbitrator - Director (Marketing) of the Corporation or some officer of the Corporation who may be nominated by the Director (Marketing) as
2 mca94.15 per Clause 67 of the agreement dated 1 st April, 2004. It is submitted that the dispute relating to lease is required to be dealt with by the sole Arbitrator - Managing Director of the Indian Oil Corporation Limited or any other person designated or nominated by the Managing Director. Shri Joshi, learned advocate for the non-applicants has pointed out order passed by this Court on M.C.A. No.917/2007 on 26 th August, 2008 rejecting the prayer of the applicant for appointment of sole Arbitrator for resolving the dispute, keeping it open for the applicant to raise its grievance before the Arbitrator as per the above referred agreement. In view of the above order passed by this Court it would not be open for this Court to again consider the same prayer of the applicant. The application is dismissed with liberty to the applicant to take steps as per Clause (V)(c) of the lease deed dated 26 th December, 2003 and as per Clause 67 of the Dealership Agreement dated 1 st April, 2004. The application is disposed. No costs. JUDGE Tambaskar.