IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12108 of 2010 1. ANJU CHOUDHARY, M/S SHAHIL INDANE THROUGH ITS PROPRIETOR MRS. ANJU CHOUDHARY W/O SHAMBHU CHOUDHARY R/O SHAHIL INDANE DISTRIBUTOR MAIN ROAD, SURSAND, DISTT.- SITAMARHI --- petitioner Versus 1. INDIAN OIL CORPORATION THROUGH ITS C.M.D. REGD. OFFICE OF 6- 9, ALIYAVAR JUNG MARG, BANDRA (EAST) MUMBAI- 400051 (INDIA) 2. R.N.DUTTA, AREA MANAGER, MARKETING DIVISION, INDIAN OIL CORPORATION, EXHIBITION ROAD, SHAHI BHAWAN, PATNA--respondents ----------- For the petitioner :M/S Archana Palkar, Shishir Kumar,Advocates For the I.O.C. :M/S Kalidas Chatterji,Amlesh Kr.Verma, Advocates ----- 2. 06.8.2010 The petitioner has approached this Court for a direction to quash the letter dated 25.6.2010 issued by the Senior Area Manager, Indian Oil Corporation by which a fine of Rs.1,75,840/- has been imposed upon her. Learned counsel for the respondent Corporation submits that not only disputed question of fact has been raised in the writ petition, which may not be looked and decided in a writ proceeding, but in the memorandum of agreement entered into between the Corporation and the petitioner on 22.3.2005 there is provision for Arbitration in terms of Clause 37 thereof and in that view of the matter the petitioner should not be permitted to agitate the matter in a writ proceeding. 2 Learned counsel for the petitioner states that the Arbitration clause may not be applicable in the present matter and relies upon a decision of the Supreme Court in the case of E.Venkatakrishna vs. Indian Oil Corporation & another : (2000) 7 SCC 764. In the said case the only question to be decided was whether in a case where an Arbitration agreement has been cancelled, the Arbitrator in terms of the Arbitration clause could direct restoration of the agreement and the Apex Court held that the same would be beyond the terms of the Arbitration clause. No such issue of cancellation of Arbitration agreement is involved in the present case. In that view of the matter, this Court is of the view that the writ application should not be proceeded with. It is, accordingly, disposed of with a liberty to the petitioner to invoke the Arbitration clause in the agreement between her and the respondent Corporation. (Ramesh Kumar Datta,J.) spal/