Subhro Kamal Mukherjee, J. - (1.) This is an application under article 227 of the Constitution of India against an order dated January 24, 2005 passed by the sole arbitrator. By the order impugned, the arbitrator held that he had jurisdiction to adjudicate upon the disputes and differences between the parties.
(2.) The petitioner namely, Surujit Saha, the sole proprietor of Babaji Automotive, was appointed as a distributor of Servo Brand Lubricants of Indian Oil Corporation Limited. The parties have entered into an agreement and in terms of the agreements, the petitioner took delivery of such lubricants from Indian Oil Corporation Limited. The petitioner used to take lubricants on credit facility. It is alleged that the banker of the petitioner dishonoured several cheques issued by the petitioner when Indian Oil Corporation Limited presented those cheques for encashment.
(3.) It is alleged that the lube distributorship agreement contains an arbitration clause requiring the parties to refer their disputes and differences to the sole arbitration of the Director (Marketing) of Indian Oil Corporation Limited, who may either himself act as the arbitrator or nominate some other officer of the said Corporation to Act as the arbitrator.;