J.R.Transport v. Hindustan Petroleum Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No.9403 of 2019 and W.M.P. No.9982 of 2019 J.R. Transport Rep by it Proprietor Mr.P.Murlikrishnan No.84/15, Gandhi Nagar, 2nd Link Road, Vivekanandha Nagar, Kodungaiyur, Chennai 118.

...Petitioner

-vs1.Hindustan Petroleum Corporation Rep by its Authorised Officer, No.17, Jamshedji TATA Road, Mumbai -20.

2.Hindustan Petroleum Corporation Rep by its Deputy General Manager, (Installation), Duly Constituted Attorney o.22, Shaik Maistry Street, Cassimode Terminal, Royapuram, Chennai 13.

3.UCO Bank, Rep by its the Senior Manager, No.93/42, Bharathi Salai, Triplicane -5.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent, quash its termination order dated 15.11.2018 in his proceeding Ref.No.CBOT/DTJS/TER, consequently Direct 1st respondent to direct 2nd respondent to issue order of lifting blacklisted Six Tank Trucks for smooth running of business by releasing the forfeited Security Deposit of Rupees of Twelve Lakhs. For Petitioner : Mr.I.Arockia Selvaraj For Respondents : Mr.M.Vijayan for King and Partridge for R1 and R2 Mr.R.Vijayakrishna for R3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

When it is pointed out by the Learned Counsel for the Respondents that there is arbitration clause in the contract between the parties, which remedy the Petitioner could avail for redressing his grievances, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. It is open to the respective parties to seek any interim relief before the appropriate forum under the provisions of the Arbitration and Conciliation Act, 1996. No costs.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar rkp +1cc to Mr.I.Arockia Selvaraj, Advocate, S.R.No.56832 +1cc to M/s.King and Partridge, Advocate, S.R.No.56020 +1cc to Mr.R.Vijay Krishna, Advocate, S.R.No.56402 W.P. No.9403 of 2019 and W.M.P.No.9982 of 2019 NR(CO) RRS(24/07/2019) https://hcservices.ecourts.gov.in/hcservices/