THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO.31427 OF 2010 Between : K. Balamuralikrishna, Proprietor of M/s. Sri Sangameshwara Service Station, S/o. K. Prabhakar, R/o. H.No.14-5-250, Mevatipura, Chudi Bazar, Begum Bazar, Hyderabad. …... PETITIONER And 1. Hindustan Petroleum Corporation Limited rep. by its General Manager, 17, Jamshedji, Tata Road, Mumbai – 20, and another. …....RESPONDENTS Counsel for the petitioner: Sri Harender Pershad Counsel for the respondents: Sri T. Srinivas The Court made the following. ORDER: The petitioner challenged the orders of the 2nd respondent dated 25.11.2010 terminating the dealership agreement dated 18.02.2008 to run a retail outlet of Motor Spirit and High Speed Diesel. The said order was passed for violating Clause Nos.9, 37, 42, 44, 45, r/w Clause 55 (k) of the said agreement. The petitioner has filed this writ petition contending that the termination resorted to by the 2nd respondent is not warranted in the circumstances that the petitioner in spite of being diligent to conduct the business could not achieve the targets due to unavoidable circumstances and that on 5.03.2009 no inspection was conduced as alleged against him. Whatever be the merits of the case, Clause 66 of the agreement provides for arbitration to the sole arbitrator, namely, the Managing Director of the Corporation, or some officer of the Corporation nominated by him. In view of the same, this writ petition is not entertainable. Accordingly the writ petition is dismissed. It is open to the petitioner to invoke Clause 66 of the agreement and approach the Managing Director of the Corporation for arbitration. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 20th December, 2010 Js.