1. Indian Oil Corporation Limited through Director Marketing Finance and Leasing Company through proprietor deepak vaidh, R/o 21, Gopinath marg, M.I. road, Jaipur. 2. Senior Area Manager, Indian oil Corporation Limited, Indane Area office, SPL1297, Sitapura Industrial Area, goner Road, Jaipur. 3. General manager (LPG) Indian oil corporation Limited, Ashok Chowk, Adarsh Nagar, Jaipur 302004. Respondents/NonClaimants 4. Shri A.V. Rajan, Sole Arbitrator and chief manager (engineering) Indian oil corporation Limited, Ashok Chowk, Adarsh Nagar, Jaipur Rajasthan Sole Arbitrator. Arbitral Tribunal (Performa Party) Connected With S.B. Civil Miscellaneous Appeal No.2467/2017 1. Indian Oil Corporation Limited Through Director Marketing G9, Ali Yavarjung Marg, Bandra (East) Mumbai400511. 2. Senior Area Manager, Indian Oil Corporation Ltd. Indane Area Office, SPL 1297, Sitapura Industrial Area, Goner Road, Jaipur. 3. General Manager (L.P.G.) Indian Oil Corporation Limited, Ashok Chowk, Adarsh Nagar, Jaipur. Appellants/ Non Applicants Versus M/s Shastri Nagar Gas Service through Partner Smt. Vandana Sharma W/o Late Sh. Nagendra Sharma, R/o 165, Ram Nagar Shopping Center, Shastri Nagar, Jaipur Presently R/o A104D1 AWHO Scheme, Sector, No.1, Vidhyadhar, Nagar, Jaipur. Respondent/Applicant (Downloaded on 29/10/2021 at 10:23:01 PM) (2 of 21) [CMA2855/2017] Mr.A. V. Rajan, Sole Arbitrator & Chief Manager (Engineering), Indian Oil Corporation, Ashok Chowk, Adarsh Nagar, Jaipur Performa Party Sole Arbitrator For Appellant(s) : Mr.Devidutt Sharma Mr.Rajesh Maharshi Ms.Aishwarya For Respondent(s) : Mr.Samit Bishnoi HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order REPORTABLE Reserved on : 02/09/2021 Date of Order : 28/10/2021 These two appeals are decided together by this common order, as the issues involved in both the appeals are same. SB CMA No.2855/2017: 2. The appellant M/s. Shastarinagar Gas Service has filed the appeal challenging the order dated 13 th February, 2017 passed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Act of 1996") rejecting the application filed by the appellant against the award dated 19 th February, 2016, passed by the Sole Arbitrator. 3. The appellant was appointed as distributor of Liquefied Petroleum Gas (LPG) in 1995. The respondents had carried out surprise inspection and refill audit on 8 th September, 2012. The respondents, in their inspection, found following major/minor irregularities at the distributorship: a) Out of turn refill delivery to 331 customers. (Downloaded on 29/10/2021 at 10:23:01 PM) (3 of 21) [CMA2855/2017] b) Customer signatures are not being taken on refill vouchers. c) 103 cylinders were shown delivered in Indsoft but actually not delivered to the consumers as per their Blue Book. 4. The appellant filed reply to the show cause notice and denied the allegations of diversion of cylinders for nondomestic use and further, affidavits of consumers and documents were also submitted. 5. The respondents, vide order dated 6 th June, 2013, imposed penalty of Rs.1,42,526/ as violation of 2 nd MDG (Marketing Discipline Guidelines) during last two years and adjusted recovery from the current account of the appellant. 6.