Ankur Filling Station v. Hindustan Petroleum Corp. Ltd. Through Its Managing Director
2018-10-31
K.M.JOSEPH, RANJAN GOGOI, UDAY UMESH LALIT
body2018
DigiLaw.ai
ORDER : 1. Leave granted. 2. The challenge in the appeal is to an order of the High Court holding that no case for interference under Article 226 of the Constitution is made out in view of the arbitration clause contained in the agreement executed by and between the parties. 3. Having considered the nature of the dispute and the arbitration clause in question we find that the orders of the High Court cannot be faulted. 4. Insofar as the recourse to arbitration is concerned, a larger question confronts the Court, namely, power of the learned Arbitrator to order restoration of the possession i.e. licence. 5. On the arguments advanced on behalf of the respondents that there may not be an absolute bar for the learned Arbitrator to grant restoration in the given facts of a case and the relief to be afforded in the award would depend on the surrounding circumstances we do not consider it necessary to proceed to answer the larger question of law arising which can only be done by a larger bench of five Hon’ble Judges in view of the decisions rendered in Indian Oil Corporation Ltd. vs. Amritsar Gas Service and others, (1991) 1 SCC 533 and E. Venkatakrishna vs. Indian Oil Corporation and Another, (2000) 7 SCC 764 . 6. So far as the present case is concerned, we leave it open for the appellant to invoke the arbitration clause even at this stage. In such an event, it will be open for the learned Arbitrator to take a decision in the matter in accordance with law. It will, naturally, be open for both the parties to raise all legal issues and contentions as may be available to them in law. 7. Consequently and in the light of the above, the appeal as well as all pending applications shall stand disposed of in the above terms.