- (1.) HEARD Mr.Anil Kumar Tiwari, Senior Advocate assisted by Mr.Vikas Budhwar & Mr.K.S.Pawar, learned counsels for the Appellants as well as Mr.Yashowardhan Swaroop, learned counsel for the opposite parties.
(2.) BRIEFLY the facts of the case are that the parties entered into an agreement with the several terms and conditions. The main term and condition, which is relevant for the purpose of dealing with the order impugned passed by the District Judge on the application moved under Section 9 of the Arbitration and Conciliation Act, 1996 is reproduced hereunder:- "1.The Carrier will provide the Company with 5 no. of Tank Trucks for transporting petroleum products as per LOI/Work Order issued by the Oil Company, Carrier has certified that it is the owner and/or sufficiently entitled to operate these Tank Trucks throughout the Agreement period and these Tank Trucks are not under Agreement with any other party. Further these Tank Trucks shall remain under exclusive use with the Company throughout the contract period." Out of these trucks, one truck which is numbered as UP 78 AT 5614 was found not belonging to the respondent, therefore being in violation of the conditions a show cause notice was issued to the respondent in exercise of power provided under clause 17 of the agreement and after considering the reply thereof the appellants proceeded to terminate the contract in exercise of power provided under clause 17(b) and (e) of the agreement.
(3.) THERE is a clause of arbitration to settle the dispute, but even before initiation of the arbitration proceedings the respondent moved an application under Section 9 of the Arbitration and Conciliation Act, 1996 before the District Judge, Lucknow to permit the respondent to carry on with the transportation and at least to stay the cancellation of transportation of bulk petroleum products under the agreement and issue a direction to the Motor Vehicle Department, Kanpur to certify the authenticity of the documents of Tank Truck No.UP 78 AT 5614.;