M/S Ramendra Oil Carrier v. M/S Hindustan Petroleum Corporation Ltd. & Anr.

1. The petitioner has filed the present petition, inter alia, impugning a letter dated 16.08.2016, terminating the Bulk Petroleum Products Road Transport Agreement dated 28.02.2015 (hereafter 'the Agreement'). It is seen thatthe Agreement contains an arbitration agreement(clause),whereby the parties had, inter alia, agreed, that all differences and disputes of whatsoever nature would be resolved by arbitration, i t. It is also seen that the present question involves a disputed questions offact and,therefore,this Court does not consider it appropriate to entertain the petitioner's grievance in these proceedings. It will be open for the petitioner to invoke the arbitration clause, and agitate its grievances before the Arbitral Tribunal,as and when constituted. 2017:DHC:8769 f

3. It is also seen that the respondents had taken an action ofblacklisting the petitioner for a period of five years. The learned counsel for the respondents states that the validity ofthe said issue, as well as the quantum ofblack listing can also be decided by the Arbitral Tribunal.

4. It is also seen that the petitioner has not specifically challenged the black listing order dated 10.01.2017 in this petition.

5. In view of the above, it will also be open!for the petitioner to challenge it before the Arbitral Tribunal. ^

6. The petition is disposed ofwith the aforesaid clarification.

SEPTEMBER 01,2017 MK VIBHUBAKHRU,J