CW 1632/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.1632/07 M/s. Choudhary Filling Centre Versus Union of India & Ors. DATE OF ORDER : 23/03/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. R.K. Mathur, for petitioner Mr. Kamlakar Sharma ] for respondents Mr. Sudhanshu Kasliwal ] *** Instant petition has been basically filed by petitioner assailing order dt.28th May, 2007 [Ann.9] whereby the dealership agreement dt.3rd August, 1989 executed between M/s. Hindustan Petroleum Corporation Ltd. and M/s. Choudhary Filling Centre, Chhan, was determined by the Corporation on account of non-compliance of Clause 27, 58 & 57 of the dealership agreement. After notices were issued, reply has been filed by the respondents along with separate application u/s.8 of Arbitration & Conciliation Act, 1996 with the prayer that in terms of Clause 68 of the agreement which is impugned in the instant petition could be examined only through Arbitration under the provisions of Act, 1996. CW 1632/07 [2] Counsel for petitioner has tried to convince this court that such disputes, which he has raised in the instant petition, are not covered for adjudication in the course of arbitration in terms of Clause 68 of the dealership agreement. However, after taking instruction from his client, who is present in Court, it is agreed that let the matter be adjudicated in terms of Clause 68 of the agreement, not under the provisions of Arbitration Act, 1940, but under the provisions of Arbitration & Conciliation Act, 1996, which is agreed to by the counsel for respondents as well at Jaipur. Without going into merits of the matter, this court considers it proper to direct the respondents to appoint Arbitrator at Jaipur in terms of Clause 68 of the dealership agreement dt.3rd August, 1989 executed between the parties within a period of one month from today and may be decided expeditiously, thereafter, within four months. With the above observations, writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA1632CW07 23-3.doc