RENUJIT KAUR Vs. UOI

JUDGEMENT

(1.) SUBJECT matter of the present writ petition is the letter dated 22nd July, 2005 issued by Indian Oil Corporation Limited terminating dealership of the petitioner in respect of service station/petrol pump at Ring Road, Naraina, New Delhi. The said termination order has been passed in view of alleged false affidavit submitted by Mr. Kishan Chand at the time when he was inducted as a partner with Mr. Gurbaksh Singh on retirement of Mr. Bahadur Singh. Mr. Bahadur Singh is the father of Mr. Gurbaksh Singh.

(2.) THE principal contention raised by the petitioners is that Mr. Bahadur Singh was allotted a licence to operate and run a petrol pump at the said site in 1969 and Mr. Gurbaksh Singh was inducted as a partner in 1973. It is stated that Mr. Gurbaksh Singh was not aware and had no knowledge that Mr. Kishan chand already had a petrol pump in Ludhiana and had furnished a false affidavit, the reason why the respondent No. 2-Indian Oil Corporation Limited had cancelled the said dealership licence.

(3.) COUNSEL for the parties have brought to the notice of the Court that the dealership agreement has an arbitration clause. The contentions raised by the petitioners are factual and may require recording of oral evidence and cross-examination.