Sangeet Lodha, J. - (1.) BY way of this writ petition, the petitioner is seeking directions to the respondents to recommence the Dealership Agreement for distribution of LPG entered into with the petitioner. It is further prayed that the respondents be directed to pay compensation to the tune of Rs. 10 lacs to the petitioner for not starting sale and supply of LPG to the petitioner in terms of agreement dated 25.9.10 and the award dated 17.4.13 passed by the Arbitrator.
(2.) THE relevant facts are that the petitioner was awarded LPG Distributorship at Banswara and accordingly, a Dealership Agreement dated 23.9.85 was entered into between the parties for a period of ten years, which was renewed from time to time, vide Dealership Agreement dated 23.9.95, 26.11.05 and 25.9.10. The petitioner was served with show cause notice dated 23.6.11 issued by the second respondent pointing out various irregularities and malpractices alleged to have been committed by the petitioner during the period 2008 to 2011. The show cause notice was responded to by the petitioner by filing reply thereto. According to the petitioner, the respondents without giving an opportunity of hearing to the petitioner and taking into consideration its reply/explanation, terminated the Dealership Agreement vide order dated 20.3.12. Aggrieved thereby, the petitioner preferred a writ petition being No. 2670/12 -M/s. Kharadi Gas Services v. HPCL & Ors., before this court. The respondent -HPCL raised a preliminary objection questioning the maintainability of the writ petition in view of availability of remedy by way of arbitration under clause 39 of the Dealership Agreement dated 25.9.10.
(3.) THE writ petition was disposed of by this court vide order dated 23.7.12 with the directions to the respondent -HPCL to appoint Arbitrator for adjudication of the dispute raised by the petitioner within a period of one month from the date of receipt of certified copy of the order. The Arbitrator to be appointed by the respondent -HPCL was directed to adjudicate the dispute and pass award within a period of four months thereafter.;