M/S M.P Oil Carriers v. Hindustan Petroleum Corporation Limited

CWP-704-2024







































2024:PHHC:035048-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-704-2024 Date of decision: 12.03.2024 M/s M.P Oil Carriers Transport Carriers and Commission Agents ....Petitioner

Versus

Hindustan Petroleum Corporation Limited and another ....Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Vivek K. Thakur, Advocate, for the petitioner.

**** ARUN PALLI, J. (Oral) The petitioner has prayed for the following substantive relief:- "Civil Writ Petition under Article 226 of the Constitution of India, praying for issuance of an appropriate Writ, Order or Direction, especially a Writ in the nature of certiorari for setting aside an unreasonable, unfair, unjust and illegal order dated 06.12.2023 (Annexure P 18) passed by Respondent No.2, whereby the Respondent has Blacklisted the Truck Tanker No.PB08BN9737 of Petition and had imposed the penalty of Rs.3 Lacs as well as the order dated 08.12.2023 (Annexure P-19) passed by Respondent No.2, whereby the Transport Agreement dated 01.01.2018 had been terminated by the Respondent No.2 in a totally mechanical, highhanded and bureaucratic manner."

AMIT KUMAR 2024.03.14 11:14 I attest to the accuracy and authenticity of this document

CWP-704-2024







































2024:PHHC:035048-DB
Served with the advance copy of the petition, Mr. Raman Sharma, Advocate, for the respondents, is present in Court. At the outset, he submits that in context of the limited issue/dispute, that is sought to be raised in this petition, the petitioner ought to have invoked Clause 18 (Arbitration) of the Bulk Petroleum Products Road Transport Agreement, dated 01.01.2018 (P-1), in the first instance, for conclusive and effective adjudication of the rights and obligations of the parties. He fairly submits that in the event, any formal application/claim is made by the petitioner in this regard, the competent authority shall take cognizance thereof. And pass necessary orders, in accordance with law, as expeditiously as possible.


  


 

 


  

 


  


   






 

  










 

 

 

 


 

 



  





  


 









  


 

 

  


(ARUN PALLI) JUDGE (VIKRAM AGGARWAL) JUDGE 12.03.2024 Ak Sharma


  




  




AMIT KUMAR 2024.03.14 11:14 I attest to the accuracy and authenticity of this document