IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 4931 of 2008(K) ------------------------- PETITIONER: ------------ M/S.PATTIYERI AGENCIES, H.P.C.DEALERS, PANNIYANKARA, KALLAI ROAD, KOZHIKODE, REP; BY SOLE PROPRIETOR PATTIYERI BHARGAVAN. BY ADV. SRI.T.G.RAJENDRAN SHRI.N.N.SUGUNAPALAN (SR) RESPONDENTS: ------------- 1. HINDUSTAN PETROLEUM CORPORATION LTD., ELATHUR, KOZHIKODE REP. BY ITS SENIOR REGIONAL MANAGER. 2. STATE OF KERALA, REP. BY CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. ADDITIONAL RESPONDENTS: 3. THE CHAIRMAN, HINDUSTAN PETROLEUM CORPORATION LTD. 17, JAMSHEDJI TATA ROAD, MUMBAI 400 020. 4. THE MANAGING DIRECTOR, -DO- (ADDL.R3 & R4 IMPLEADED AS PER ORDER DTD.13.2.2008) BY ADV. SRI.E.K. NANDAKUMAR, SC. G.P. SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.4931 of 2008 ================== Dated this the 13th day of February, 2008 J U D G M E N T The petitioner challenges Ext.P6 order of the 1st respondent, whereby the petitioner's dealership agreement with the 1st respondent for running a retail fuel outlet of the Hindustan Petroleum Corporation has been terminated for alleged violation of the conditions of the agreement. As is clear from the dealership agreement and as is made clear in Ext.P6, the petitioner's remedy lies in seeking reference of the dispute now raised by the petitioner for arbitration. It is admitted that the sole Arbitrator mentioned in the dealership agreement is the Managing Director of the Hindustan Petroleum Corporation Ltd. Therefore, I am inclined to relegate the petitioner to the remedy by way of arbitration as provided in the dealership agreement. In such circumstances, the counsel for the petitioner seeks a direction to the 1st respondent to refer the matter for arbitration to the Managing Director, Hindustan Petroleum Corporation Ltd., expeditiously. He also seeks a stay of further proceedings w.p.c.4931/08 2 pursuant to Exts.P6 and P7 till the Arbitrator decides the issue. I am of opinion that the petitioner can move the Arbitrator himself for interim orders as provided in the Arbitration and Conciliation Act. Accordingly, this writ petition is disposed of with the following directions: The 1st respondent shall, within one week from today, refer the matter for arbitration to the additional 4th respondent- Managing Director. It would be open to the petitioner to move the Arbitrator for interim orders, pending further proceedings in the arbitration. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.4931/08 3 S.SIRI JAGAN, J. ================== W.P.(C).No.4931 of 2008 ================== Dated this the 12th day of February, 2008 O R D E R I.A.No.2278/2008: This application is to accept additional Exts.P9 and P9(a) on record. Heard. Allowed. Exts.P9 and P9(a) are accepted as part of the writ petition. I.A.No.2227/2008: This application is to implead the Managing Director, Hindustan Petroleum Corporation Ltd., 17-Jamshedji Tata Road, Mumbai 400 020, as additional respondent in the writ petition. Heard. Allowed. The said officer is impleaded as additional 4th respondent in the writ petition. w.p.c.4931/08 4 sdk+ S.SIRI JAGAN, JUDGE