Novel Fuel Station vs Indian Oil Corporation Ltd on 30 June, 2021

[Cites 0, Cited by 0]

Bombay High Court

Novel Fuel Station vs Indian Oil Corporation Ltd on 30 June, 2021

Bench: G.S. Patel

                               2-ARBPL12271-2021 WITH COMSL11722-2021+.DOC




 Atul



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
         ARBITRATRION PETITION (L) NO. 12271 OF 2021


 Novel Fuel Station                                               ...Petitioner
       Versus
 Indian Oil Corporation Ltd                                    ...Respondent

ARBITRATRION PETITION (L) NO. 12538 OF 2021 Indian Oil Corporation Ltd ...Petitioner Versus Novel Fuel Station & Ors ...Respondents COMMERCIAL SUIT (L) NO. 11722 OF 2021 WITH INTERIM APPLICATION (L) NO. 11725 OF 2021 AND INTERIM APPLICATION (L) NO. 12440 OF 2021 AND INTERIM APPLICATION (L) NO. 12439 OF 2021 AND INTERIM APPLICATION (L) NO. 12437 OF 2021 AND INTERIM APPLICATION (L) NO. 12436 OF 2021 Expressway Truck Terminus Pvt Ltd ...Plaintiff Versus Maharashtra State Road Development ...Defendants Page 1 of 5 30th June 2021 ::: Uploaded on - 01/07/2021 ::: Downloaded on - 02/07/2021 01:29:05 ::: 2-ARBPL12271-2021 WITH COMSL11722-2021+.DOC Corporation Ltd & Anr INTERIM APPLICATION (L) NO. 13034 OF 2021 IN COMMERCIAL SUIT (L) NO. 11722 OF 2021 Vijay Wagh & Anr ...Applicants Versus Expressway Truck Terminus Pvt Ltd & Ors ...Respondents Dr VV Tulzapurkar, Senior Advocate, with Shriram S Kulkarni & Sachin Chavan, i/b Sachin Chavan, for the Petitioner/Plaintiff. Mr GR Joshi, Senior Advocate, i/b AR Gole, for Applicant in IAL/13034/2021.

Mr RM Kadam, with Rohan Kadam, Arun Siwach, Ms Priyanka Mitra & Ms Kavya Mathur, i/b Cyril Amarchand Mangaldas, for Respondent No. 2 in ARBPL/12271/2021 and Defendant No. 1 in COMSL/11722/2021.

Mr C Mody, with Ashok Purohit, i/b Ashok Purohit & Co, for Respondent in ARBPL/12271/2021, Petitioner in ARBPL/12538/2021 and Defendant No. 2 in COMSL/11722/2021.

CORAM: G.S. PATEL, J (Through Video Conferencing) DATED: 30th June 2021 PC:-

1. Heard through video conferencing.

2. Arbitration Petition (L) No. 12271 of 2021 is filed by a partnership firm, Novel Fuel Station ("Novel") against Indian Oil Page 2 of 5 30th June 2021 ::: Uploaded on - 01/07/2021 ::: Downloaded on - 02/07/2021 01:29:05 ::: 2-ARBPL12271-2021 WITH COMSL11722-2021+.DOC Corporation Ltd ("IOCL"). IOCL has also filed an Arbitration Petition (L) No. 12538 of 2021 against Novel. Expressway Truck Terminus Pvt Ltd ("ETTPL") is the plaintiff in Commercial Suit (L) No. 11722 of 2021 against Maharashtra State Road Development Corporation Ltd ("MSRDC") and IOCL. ETTPL has filed several Interim Applications in this Suit.

3. Now one Vijay Wagh and Pradnya Mangesh Bagde have filed Interim Application (L) No. 11722 of 2021 in ETTPL's suit, seeking impleadment as Defendants Nos. 3 and 4. They say they are directors of ETTPL. There has been a falling out or rift between them and the other directors. Wagh and Bagde claims that the other directors have set up the partnership firm, Novel, the petitioner in Arbitration Petition (L) No 12271 of 2021. As I understand it from Mr Joshi for Wagh and Bagde, the case is that the other directors have diverted ETTPL's rights to Novel, which is their own partnership firm. There are other contentions. There are also proceedings before the NCLT. The Additional Affidavit filed in support of the impleadment application is taken on record.

4. The suit itself was not part of my present assignment. I was assigned Arbitration Petitions. On the administrative side, directions were obtained to tag the suit with the arbitration petition.

This is how the suit and its applications were listed before me.

5. Now the roster has changed. I am no longer assigned arbitration petitions. But I am assigned suits after 2013. That would include ETTPL's present Commercial Suit (L) No. 11722 of 2021. I Page 3 of 5 30th June 2021 ::: Uploaded on - 01/07/2021 ::: Downloaded on - 02/07/2021 01:29:05 ::: 2-ARBPL12271-2021 WITH COMSL11722-2021+.DOC am unclear about the nature of the administrative directions and whether they will carry over after the roster change. I leave it to the parties to obtain further directions or a clarification, i.e. whether the arbitration petitions are now tagged with the suit and is to be placed before me, or whether the group is to be listed before the Bench taking arbitration petitions.

6. For the rest of this order, I proceed on the footing that an appropriate direction on the administrative side has been obtained assigning the entire group to my court. If not, the following directions will not apply unless confirmed by the Bench to which the matters are assigned.

7. On this basis, I believe a few directions as to filings are required. That is because Dr Tulzapurkar for ETTPL has instructions to contest Wagh and Bagde's impleadment application. Dr Tulzapurkar states that he will file and serve an Affidavit in Reply on or before 9th July 2021. Mr Joshi will file and serve an Affidavit in Rejoinder on or before 14th July 2021.

8. Subject of course to the administrative directions or clarification, I propose to hear the impleadment Interim Application (and only that application, not the Arbitration Petitions or the Interim Applications in the suit) on 16th July 2021 at 2.00 pm. If the impleadment application is allowed, the plaint will need to be amended.

Page 4 of 5

30th June 2021 ::: Uploaded on - 01/07/2021 ::: Downloaded on - 02/07/2021 01:29:05 ::: 2-ARBPL12271-2021 WITH COMSL11722-2021+.DOC

9. My previous order of 9th June 2021 makes a pro tem arrangement for the running of the petrol pump. Mr Kadam for MSRDC says that this is running against his client's interests. Therefore, if Wagh and Bagde's impleadment application is allowed, I will not be able to grant them a very long extension of time to file Affidavits opposing ETTP's multiple interim applications. Mr Joshi states that draft Affidavits in Reply to ETTPL's interim applications will be kept ready. The Additional Affidavit that I have taken on record today (with copies of NCLT proceedings) will also be allowed to be used by Wagh and Bagde in response to ETTPL's Interim Applications in its suit, if their impleadment is allowed.

10. Subject to compliance and, of course, the necessary administrative directions, I am tentatively listing the entire group for hearing (with or without Wagh and Bagde) on 26th July 2021 at 2.00 pm.

11. The previous order of 9th June 2021 will continue until 26th July 2021.

12. All concerned will act on production of an ordinary copy of this order.

(G. S. PATEL, J) Page 5 of 5 30th June 2021 ::: Uploaded on - 01/07/2021 ::: Downloaded on - 02/07/2021 01:29:05 :::

Unlock Advanced Research with PRISMAI

Bombay High Court