DIVISIONAL RETAIL SALES MANAGER, INDIAN OIL CORPORATION LIMITED; CHIEF DIVISIONAL RETAIL SALES MANAGER, INDIAN OIL CORPORATION LIMITED Vs. BABU FILLING STATION; A S RAVEENDRAN

JUDGEMENT

(1.) Challenge in this Original Side Appeal is to the order dated 15th day of February, 2010 passed in O.P.No.585 of 2009 by the learned Single Judge of this Court.

(2.) The appellants as well as the first respondent herein have entered into an agreement dated 27.3.2003, wherein, the first respondent has consented to lease out the premises mentioned therein on a monthly lease of Rs.3,500/- in favour of the appellants. On 27.6.2003, both the appellants and first respondent have entered into a dealership agreement and subsequently the appellants have supplied Petroleum. On 24.12.2005, a random check up has been conducted by the officials of the appellants in respect of Petroleum and accordingly proper samples have been taken and the same have been subjected to proper analysis and ultimately found that the first respondent has made adulteration, but alleged adulteration has been orally informed on 4.1.2006 and the written communication has been sent on 6.1.2006 and subsequently, dealership has been terminated and thereafter the dispute between the appellants and first respondent has been referred to an arbitrator. The arbitrator, after giving proper opportunities to both parties, has passed the impugned award dated 22.7.2009 and in order to set aside the same, the first respondent herein, as petitioner, has filed O.P.No.585 of 2009 on the file of this Court.

(3.) The learned Single Judge, after considering the rival submissions made on either side, has given a finding to the effect that the appellants have not complied with statutory formalities and ultimately allowed Original Petition No.585 of 2009 and thereby set aside the award dated 22.7.2009. Against the order passed by the learned Single Judge, the present Original Side Appeal has been preferred.