Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7799 OF 2013
(Arising out of SLP(C) No.14775/2012)
HINDUSTAN PETROLEUM CORPORATION LTD. Appellant(s)
:VERSUS:
M/S. SIBA GAS AGENCY & ORS. Respondent(s)
O R D E R
Leave granted.
2. Heard Mr. Shyam Diwan, learned senior counsel
in support of this appeal and Mr. Manish Pitale,
learned counsel appearing for the respondents. Both
the counsel have made their submissions. The
respondent No.2 herein was allotted an L.P.G.
Dealership in the City of Amaravati. There were
JUDGMENT
certain grievances with respect to the functioning
of respondent No.2, including that the respondent
had taken a partner in the business without prior
permission of the appellant. It is the case of
respondent No.2 that after the agency was
terminated, respondent No.2 filed an appeal and
thereafter she moved the High Court by filing a writ
petition. It is seen that the writ petition was
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filed nearly 2 years after the termination of the
agency. Meanwhile, no supply of L.P.G. Cylinders is
being made to the respondent agency and as per usual
practice, the L.P.G. consumers were assigned the
other agency.
3. There is an arbitration clause for resolution
of the disputes between the parties according to
which, any dispute or difference shall be referred
to the sole arbitration of the Managing Director of
the appellant Corporation or of some officer of the
Corporation who may be nominated by the Managing
Director. The better course now, therefore, for the
parties is to go for arbitration. Respondent No.2
may approach the Managing Director of the appellant
Corporation for that purpose. In view of this, we
allow this appeal and set aside the order passed by
JUDGMENT
the High Court. The parties are relegated to the
agreed remedy of arbitration.
..........................J
(H.L. GOKHALE)
.........................J
(J. CHELAMESWAR)
New Delhi;
September 2, 2013.
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