IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15619 of 2007 SHREE BHOLA AUTO SERVICES THROUGH ITS PROPRIETOR BIJAY KUMAR SON OF SRI LAXMIMANT PASWAN, SITUATED AT N.H.-31, VILLAGE – LAKHMINIA, P.O. BALIA, DISTRICT – BEGUSARAI - 8521211 Versus 1. HINDUSTAN PETROLEUM CORPORATION LTD. LOK NAYAK JAIPRAKASH BHAWAN, 6TH FLOOR, POST BOX NO.40, DAK BUNGLOW CHOWK, PATNA-800 001. 2. SRI D K SAXENA, FATHER’S NAME NOT KNOWN, SENIOR REGIONAL MANAGER, RETAIL, HINDUSTAN PETROLEUM CORPORATION LTD., 6TH FLOOR, POST BOX NO.40, DAK BUNGLOW CHOWK, PATNA-800 001. 3. HARINARAIN PRASAD, FATHER’S NAME NOT KNOWN, SALES EXECUTIVE OFFICER, HINDUSTAN PETROLEUM CORPORATION LTD., TATANAGAR, JHARKHAND. ----------- FOR THE PETITIONER: M/S. AMISH KUMAR AND SIDDHARTHA PRASAD. FOR THE RESPONDNET CORPORATION: MR. RAJEEV PRAKASH. ----- 03. 12.01.2010 Vide order dated 12.10.2007 the dealership of the petitioner stands terminated by the respondent Hindustan Petroleum Corporation Limited. The reason for termination of the dealership is stated to be various breaches of the dealership agreement, which has been enumerated in the termination order, i.e. Annexure-6 to the writ application. Since the termination is for breach of the terms and conditions of an agreement between the parties and clause 68 of the said agreement also provides for raising an arbitration before a sole arbitrator, the Court is not inclined to go into the reasons or otherwise efficacy of the termination order. If the petitioner is so advised, he may raise an arbitration. No order is required to be passed under Article 226 of the Constitution of India in the given facts. The Court has intentionally desisted from making any observation with regard to the breaches, - 2 - the explanations and the stand of the Corporation lest it may have reflection on any forum which may be approached by the petitioner in this regard. The writ application is dismissed with liberty above. rkp (Ajay Kumar Tripathi, J)