IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 12.6.2007 Coram: The Hon'ble Mr.JUSTICE S.RAJESWARAN W.P.No.6147 of 2007 Kala Agencies Rep., by its Proprietrix: Mrs.R.Kalavalli No.2, Maran Nagar Extension Poonamallee Chennai-600 056. .. Petitioner vs. 1.The General Manager Indian Oil Corporation Limited Regional Office 13, Nungambakkam High Road Chennai-600 034. 2.Mr.T.Raju The Chief LPG Manager(South) TNSO Regional Office, IOC 13, Nungambakkam High Road Chennai-600 034. 3.A.Bala Ravi The Chief Area Manager Indian Oil Corporation Limited Indane Area Office 500, Anna Salai Tenampet Chennai-600 018. .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of Certiorari, calling for the records relating to the impugned order dated 5.2.2007, imposing and demanding fine of Rs.1.95 lakhs, passed by he 3rd respondent and quash the same and all further proceedings as arbitrary, malafide, vindictive, unlawful and violative of principles of natural justice. For Petitioner : M/s.R.Sivaprakasam For 3rd Respondent : M/s.Anand Abdul & Vinod, for R3. For Respondents 1 and 2 : No Appearance https://hcservices.ecourts.gov.in/hcservices/ ORDER: The petitioner being a distributor of Indane Gas (LPG) carrying on business under the name and style of Kala Agencies was served with a notice by the 3rd respondent dated 17.7.2006 calling for explanation for the lapses committed by the petitioner like releasing new connections to the customers without obtaining proof of residence etc. Subsequently fine was also levied by the respondents and challenging the same the above writ petition has been filed. 2.On notice, the respondents have filed a counter and primarily contended that the writ petition is not maintainable since, as per clause 37(a) of the dealership agreement dated 30.3.1996 dispute could be resolved only by arbitration. Now a dispute has arisen between the petitioner and the respondents, and the same would have to be resolved only by way of arbitration. It is also stated by them that both parties initiated steps for appointing an arbitrator. 3.In view of the above, the parties are directed to pursue the steps for appointment of arbitrator and resolve their dispute at the earliest. All the contentions and issues raised by the petitioner before this court can be raised before the arbitrator. 4.With the above direction, this writ petition is disposed of. No costs. M.P.Nos.1, 2 and 3 of 2007 are closed. sks Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1.The General Manager Indian Oil Corporation Limited Regional Office 13,Nungambakkam High Road Chennai-600 034. https://hcservices.ecourts.gov.in/hcservices/ 2.The Chief LPG Manager(South) TNSO Regional Office, IOC 13, Nungambakkam High Road Chennai-600 034. 3.The Chief Area Manager Indian Oil Corporation Limited Indane Area Office 500, Anna Salai Tenampet Chennai-600 018. + 1 cc to Mr. K. Anand Abdul & Vinodh, Advocate, SR No.34637 + 1 cc to Mr. R. Sivaprakasam, Advocate, SR No.34507 BK(CO) SR/22.6.2007 W.P.6147/07 https://hcservices.ecourts.gov.in/hcservices/