High Court of Punjab and HaryanaCWP/8835/2021disposed of

M/S Rana Filling Station, Hpcl, Petrol Pump v. Uniion Of India And Others

2024-04-20Mr. Justice Jagmohan Bansal2 pages

CWP-8835-2021 -12024:PHHC:053153

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-8835-2021 Date of Decision : 20.04.2024 M/S RANA FILLING STATION, HPCL, PETROL PUMP ... PETITIONER

Versus

UNIION OF INDIA AND OTHERS ... RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Mrigank Sharma, Advocate for the petitioner.

Mr. Raman Sharma, Advocate for respondents No.2 and 3.

**** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of order dated 27.07.2019 (Annexure P-2) passed by Dispute Resolution Panel whereby order of termination dated 03.08.2015 passed by respondent-Corporation has been upheld. 2.

The petitioner and respondent-Corporation entered into a dealership agreement dated 31.01.2011. The validity period of said agreement was 10 years. The said agreement could be extended for a further period of 05 years. The respondent terminated said dealership agreement on 03.08.2015. Period of 10 years from the date of execution of dealership agreement expired on Anju Goel 2024.04.20 14:13 I attest to the accuracy and integrity of this document Chandigarh

CWP-8835-2021 -22024:PHHC:053153 30.01.2021. The respondent-Corporation has not extended validity period of said agreement. The petitioner is assailing validity of termination order, however, the validity period of said agreement has expired, thus, challenge to impugned order has rendered infructuous.

Faced with this, counsel for the petitioner submits that he has lost opportunity to earn because of impugned order and he had invested a huge amount for the installation of petrol pump.

The petitioner has remedy to approach Arbitrator because there is specific arbitration clause in the agreement itself. This Court does not find it appropriate to determine claim of loss of petitioner while exercising its writ jurisdiction especially when alternative remedy of arbitration is available. 5.

Without commenting upon the merits of the case, the petition stands disposed of with liberty to the petitioner to avail remedy of arbitration as provided in the dealership agreement.

(JAGMOHAN BANSAL) JUDGE 20.04.2024 anju Whether speaking/reasoned Yes/No Whether reportable Yes/No Anju Goel 2024.04.20 14:13 I attest to the accuracy and integrity of this document Chandigarh