B.S.CHAUHAN, J. - (1.) This writ petition has been filed for issuing a direction to the respondents to restore the gas supply forthwith, quashing the impugned notice dated 28-5-2005 (Annex. 7) issued by the respondent No.5.
(2.) The facts and circumstances giving rise to this case are that the petitioner has a factory in Firozabad, which falls within the Taj Trapezium Zone, Agra. The U. P. Pollution Control Board as well as the public raised grievances before the Hon'ble Supreme Court requesting for stopping the coal processing in factories in the vicintiy of Taj Mahal. The Hon'ble Apex Court issued certain directions to stop running of factories by coal and asked the respondent authority for supply of gas in the said area so that the monument of the national heritage may remain protected from the pollution. In view of the directions of the Hon'ble Apex Court, an agreement was entered into between the parties and the petitioner was supplied the gas. However, in a routine checking,, it is alleged that there was some tempering with the metre and proceedings were initiated by issuing a show cause notice dated 14-3-2005 to the petitioner. The petitioner applied for the copies of the inspection report on the basis of which the show cause notice had been issued and the respondent authorities furnished the copy of the report on 6-4-2005. The petitioner submitted the reply to the said show cause notice on 11-4-2005. Apprehending the action on the part of the respondents, petitioner filed a suit for permanent injunction on 18-5-2005. The respondents therein filed an application under Section 8 of The Arbitration and Conciliation Act, 1996 (hereinafter called the 'Act 1996') contending that in the agreement, there is an arbitration clause, therefore, the suit should not be permitted to be continued and the petitioner must be relegated to the remedy of arbitration. The Civil Court allowed the said application vide order dated 30-5-2005. However, the respondents without appointing the Arbitrator disconnected the supply of Gas. Hence, the present petition.
(3.) Shri Shashi Nandan, learned Senior Counsel appearing for the petitioner has submitted that it was not open for the respondent-authorities to disconnect the supply of gas to the petitioner without appointing the Arbitrator even in view of the order passed by the learned Civil Court on 30th May, 2005 and, therefore, this Court should grant indulgence forthwith and issue directions to the respondents to start supply of gas to the petitioner.;