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2007 DIGILAW 1729 (MAD)

Kala Agencies Rep. , by its Proprietrix Mrs. R. Kalavalli v. The General Manager Indian Oil Corporation Limited Regional Office & Others

2007-06-12

S.RAJESWARAN

body2007
Judgment :- The petitioner being a distributor of Indane Gas (LPG) carrying on business under the name and style of Kala Agencies was served with a notice by the 3rd respondent dated 17. 2006 calling for explanation for the lapses committed by the petitioner like releasing new connections to the customers without obtaining proof of residence etc. Subsequently fine was also levied by the respondents and challenging the same the above writ petition has been filed. 2. On notice, the respondents have filed a counter and primarily contended that the writ petition is not maintainable since, as per clause 37(a) of the dealership agreement dated 30.3.1996 dispute could be resolved only by arbitration. Now a dispute has arisen between the petitioner and the respondents, and the same would have to be resolved only by way of arbitration. It is also stated by them that both parties initiated steps for appointing an arbitrator. 3. In view of the above, the parties are directed to pursue the steps for appointment of arbitrator and resolve their dispute at the earliest. All the contentions and issues raised by the petitioner before this court can be raised before the arbitrator. 4. With the above direction, this writ petition is disposed of. No costs. M.P.Nos.1, 2 and 3 of 2007 are closed.