IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No. 503 of 2009 Date of Decision : March 25, 2009 S.K.Soni ....Petitioner Versus Ajay Kaushal .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. Anil Malhotra, Advocate for the petitioner. Respondent in person with Mr. Harinder Sharma, Advocate T.P.S. MANN, J. (Oral) Learned counsel for the parties are ad idem that in pursuance of the dealership agreement dated 26.9.2001, all the disputes and differences between Hindustan Petroleum Corporation Limited and the respondent have been referred to an Arbitrator on a request made by the respondent in his letter dated 16.2.2009. Further, that Mr. D.K.Pattanaik, Deputy General Manager-Retail, North West Zone of the Corporation has been nominated by the Chairman and Managing Director of the Corporation as Sole Arbitrator to adjudicate the disputes and differences between the parties. Learned counsel for the petitioner states that the acceptance of the respondent regarding the nomination of Mr. D.K.Pattanaik as Sole Arbitrator, is still awaited. It is also submitted that as and when the respondent gives his acceptance, the Arbitrator would start with the process C.O.C.P. No. 503 of 2009 -2- of adjudicating all disputes and differences between the parties. After obtaining instructions from the respondent, learned counsel representing him states that within four days from today, the respondent shall give his acceptance regarding the nomination of Mr.D.K.Pattanaik, as sole Arbitrator. Once, the acceptance is received by the sole Arbitrator, he shall proceed expeditiously in the matter in accordance with law. All efforts shall be made to complete the arbitration proceedings within a period of six months. Learned counsel for the respondent has assured the Court that the respondent shall give all possible cooperation to the Arbitrator in adjudicating upon and deciding the disputes and differences between the parties. Learned counsel for the respondent states that the respondent is ready to surrender the possession of the retail outlet to the Corporation and its officials. However, the respondent be reimbursed the cost of the stock lying at the dealership besides settlement of all the pending bills/claims. In view of the above, a direction is issued to the respondent to surrender the possession of the retail outlet to the Corporation and its officials within seven days from 26.3.2009. While taking over the possession, the Corporation and its officials shall prepare an inventory of the stock belonging to the Corporation and lying at the retail outlet in the presence of the respondent and buy back the same after reimbursing the cost thereof to the respondent within two weeks from today. The Corporation shall also settle all the pending bills/claims already submitted by the C.O.C.P. No. 503 of 2009 -3- respondent within a period of one month from today. The respondent is also directed not to interfere in the running of the retail outlet by a regular/adhoc dealer. In case any such steps to interfere are taken by the respondent, the Corporation and/or regular/adhoc dealer would be at liberty to bring it to the notice of the Senior Superintendent of Police, Hoshiarpur, who shall take steps in accordance with law. Before concluding the order, another claim as pointed out by the respondent may be looked into. According to him, he had already entered into an agreement with the Corporation for transportation of petroleum products as a transporter. At that time, he had deposited an amount of Rs.50,000/- as security. Though the transportation agreement has since been terminated by the Corporation yet the Corporation has not refunded the security amount besides not settling certain bills regarding transportation of the petroleum products. The request is genuine. The Corporation is, accordingly, directed to refund the security amount of Rs.50,000/- to the respondent within one week from today. In case there are some outstanding bills regarding transportation of the petroleum products, the Corporation shall also clear the same by making the necessary payments to the respondent within three weeks from today. The petition is, accordingly, disposed of. ( T.P.S. MANN ) March 25, 2009 JUDGE ajay-1