IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.30 of 2011 In (CIVIL WRIT JURISDICTION CASE 14049/2008) M/S Raj Fuel Centre ,H .P.Petrol Pump ,Gogri Jamalpur District Khagaria through its Prop Dahawar Sada son of Late Sukhai Sada, resident of Pirnagra,P.S. Beldaur, District Khagaria. …………petitioner………. Appellant Versus 1. The Chairman, Hindustan Petroleum Corporation Ltd.17, Jamashedji Tata Road, Mumbai. 2. Senior Regional Manager, Retail, Hindustan Petroleum Corporation Ltd.Lok Nayak Jai Prakash Bhawan, 6th Floor, Dak Bunglow Chowk, Patna. …………. (Respondents)………. Respondents. ---------------------------------- 10 25.8.2011 Heard Mr. K. D. Chaterjee, Senior Advocate for the appellant and Mr.Laxmi Narayan Das for the respondents. This Appeal under clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioner of CWJC No. 14049 of 2008,who is aggrieved by order dated 30.4.2010, whereby the learned Single Judge has disposed of the writ petition with the observation that the petitioner may seek the remedy of arbitration. 2. We have perused the materials on record and considered the submissions of the learned counsel for the parties. The appellant was a dealer of retail outlet for sale of diesel, petrol, lubricants, and such other petroleum products, at village-Gogari, Jamalpur, District- Khagaria, vide Dealership Agreement dated `27.6.2000. The appellant’s dealership was terminated after following the prescribed procedure, and the dealership was cancelled leading to the aforesaid writ petition. 3. The learned Single Judge has declined to interfere in the 2 matter, and disposed of the writ petition with the observation that it relates to issues of facts and, therefore, arbitration proceeding would be in the fitness of things. It appears to us from a perusal of note- IV of clause 6.3.5 of the Marketing Discipline guidelines that it provides for departmental remedy of appeal. It is therefore, jointly submitted before us that the same is an appropriate remedy for the purpose. 4. In that view of the matter, we modify the order of the learned Single Judge. The appellant may prefer appeal before the Executive Director (Marketing) who shall deal with the same on merits, if empowered to do, failing which he shall forward the same to the appropriate authority to be disposed of on merits expeditiously, without allowing the question of delay, if any, coming in the way, provided the appeal is preferred within a period of thirty days from today. The appeal stands disposed of. - SS/An (S.K.Katriar,J) ( Ahsanuddin Amanullah, J.)