- (1.) This petition has been filed challenging the order dated 31th July, 2012 passed by the respondent Indian Oil Corporation Limited (hereinafter to be referred in short 'IOCL') terminating the distributorship of the petitioner.
(2.) Heard Mr. Ashok Gaur Senior Counsel with Mr. Ajay Choudhary appearing for the petitioner and Mr. Samit Bishnoi with Mr. Ravindra Mathur for the respondent IOCL as also perused the writ petition including the impugned order and reply thereto.
(3.) The facts of the case are that distributorship for Liquid Petroleum Gas Cylinders (in short 'LPGC') at District Kota was granted to the husband of the petitioner one Mukesh Goyal under the distributorship agreement dated 19th January, 1983. Following Mukesh's death, the distributorship came to be transferred in the name of the petitioner Brij Bala Goyal his widow sometime in April, 2003. The agreement between the petitioner and the IOCL executed on 4th April, 2003 more particularly clause 37(a) thereof provides that all questions, disputes and differences arising under or in relation to the agreement would be referable to the sole arbitration of the Director (Marketing) of the Corporation, but if such Director (Marketing) was unable or unwilling to act as the sole arbitrator, the matter was to be referred to the nominated arbitrator by the Director (Marketing).;