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M/S Sahni Fuels Through Proprietor Shri ... vs Indian Oil Corporation Limited on 11 November, 2025
cites
Section 14 in The Specific Relief Act, 1963 [Entire Act]
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 11 in The Specific Relief Act, 1963 [Entire Act]
E. Venkatakrishna vs Indian Oil Corporation And Anr. on 17 August, 2000
31. The Apex Court in the case of Sanjana M Wig (supra) has duly
taken note of the earlier judgments in the case of Harbanslal Sahnia (supra)
relied upon by the petitioner and also the judgment in the case of Indian Oil
Corporation Limited vs. Amritsar Gas service and others (1991) 1 SCC 533
a n d E.Venkatakrishna (supra) holding that the arbitrator is not having
jurisdiction to grant the relief of restoration of distributorship. However, the
same is in regard to the provisions contained in Section 14 of the Specific
Relief Act, 1963.
Harbanslal Sahnia And Anr. vs Indian Oil Corpn. Ltd. And Ors. on 20 December, 2002
31. The Apex Court in the case of Sanjana M Wig (supra) has duly
taken note of the earlier judgments in the case of Harbanslal Sahnia (supra)
relied upon by the petitioner and also the judgment in the case of Indian Oil
Corporation Limited vs. Amritsar Gas service and others (1991) 1 SCC 533
a n d E.Venkatakrishna (supra) holding that the arbitrator is not having
jurisdiction to grant the relief of restoration of distributorship. However, the
same is in regard to the provisions contained in Section 14 of the Specific
Relief Act, 1963.
Perkins Eastman Architects Dpc & Anr vs Hscc India Limited on 17 March, 2023
22. The learned senior counsel by referring to the judgment of the
Apex Court in the case of Harbanslal Sahnia and Ors. vs. Indian Oil
Corporation Ltd., (2003) 2 SCC 107, Perkins Eastman Architects DPC and
another vs. HSCC (India) Ltd. 2020 AIR (SC) 59 and the judgment of this
Court in the case of Smt. Lata Agarwal vs. The Indian Oil Corporation and
Ors. W.P. No.3199/2014 disposed of vide judgment dated 7.8.2014 so also,
the Division Bench judgment of this Court in the case of M/s. Thapak Petrol
Signature Not Verified
Signed by: VANDANA
VERMA
Signing time: 05-Dec-25
6:07:51 PM
NEUTRAL CITATION NO. 2025:MPHC-GWL:28656
10 WP-17282-2025
Pump vs. Hindustan Petroleum Corporation and another W.A. No.819/2014
dated 05.11.2014 has submitted that inspite of there being an arbitration
clause in the retail outlet dealership agreement dated 31.12.2021 as
contained in Clause 62, the present writ petition is maintainable as the
Arbitrator has no jurisdiction to grant the relief of restoration of the retail
outlet dealership, and since the relief claimed by the petitioner in the instant
writ petition is of restoration of the retail outlet dealership, the petitioner
cannot be relegated to arbitration.
Mrs. Sanjana M. Wig vs Hindustan Petro Corporation Ltd on 15 September, 2005
23. On the other hand, it has been strenuously argued on behalf of the
respondents that the writ petition filed by the petitioner, the pleadings
contained therein and the pleadings contained in the rejoinder and additional
rejoinder, involve adjudication of highly disputed questions of fact. The writ
jurisdiction under Article 226 of the Constitution of India is not available for
adjudication of disputed questions of facts particularly, when the remedy of
arbitration is provided in the contract itself. That apart, the retail outlet
dealership agreement dated 31.12.2021 being itself determinable in nature in
terms of Clause 45 therein, the relief of restoration itself may not be
available to the petitioner, as has been interpreted by the Apex Court in the
case of Sanjana M Wig vs. Hindustan Petro Corporation Ltd., AIR 2005 SC
3454.
Indian Oil Corporation Ltd vs Amritsar Gas Service And Ors on 19 November, 1990
31. The Apex Court in the case of Sanjana M Wig (supra) has duly
taken note of the earlier judgments in the case of Harbanslal Sahnia (supra)
relied upon by the petitioner and also the judgment in the case of Indian Oil
Corporation Limited vs. Amritsar Gas service and others (1991) 1 SCC 533
a n d E.Venkatakrishna (supra) holding that the arbitrator is not having
jurisdiction to grant the relief of restoration of distributorship. However, the
same is in regard to the provisions contained in Section 14 of the Specific
Relief Act, 1963.
M/S Thapak Petrol Pump vs Hindustan Petroleum Corporation on 5 November, 2014
11. To further substantiate his contentions, he places reliance upon the
judgment of the Supreme Court in the case of Sanjana M. Wig vs. Hindustan
Petroleum Corporation Ltd., Civil Appeal No.7337/2004 and the Division
Bench judgment of this Court in the case of Thapak Petrol Pump vs.
Hindustan Petroleum Corporation and other, W.A. No.819/2014 decided on
05.11.2014. Accordingly, he submits that the petition deserves consideration
on merits and the relief claimed deserves to be granted.