INDIAN OIL CORPORATION Vs. DEVKI OILS

JUDGEMENT

(1.) THESE three Appeals are being disposed of by this common judgment.

(2.) THE Respondents / Plaintiffs, in all the three Appeals, are the dealers / distributors of the Appellant with respect to procurement, storage, distribution and sale of Kerosene Oil and Super Kerosene Oil. Certain disputes with respect to the location for shifting of the distribution points arose between the parties, which led the Respondents / Plaintiffs to file their separate individual suits in the Learned Trial Court. The Learned Trial Court received and entertained the suits and, in the accompanying applications filed under Order 39 Rules 1 & 2 Code of Civil Procedure, granted ad interim injunction against the Appellant and in favour of the Respondents / Plaintiffs. The Appellant filed Written Statements also in the three suits in which a specific plea was taken that the Civil Court did not have jurisdiction to entertain the civil suits in view 01 the fact that there was, in existence between the parties, an arbitration agreement which required that all disputes and differences as well as questions between the parties would be adjudicated upon and resolved through arbitration. Having regard to such a preliminary objection in the Written Statements, the Learned Trial Court framed the following issue for consideration and adjudication.

(3.) FINALLY , while disposing of the Suit, based upon its finding on Issue No. 1, the Learned court below held as under: