T CHINNASAMY CHETTIAR & SONS Vs. CHIEF REGIONAL MANAGER, RETAIL AND CONSTITUTED ATTORNEY, HINDUSTAN PETROLEUM CORPORATION LTD

JUDGEMENT

(1.) The instant petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act,1996, challenging the Award dated 18.07.2011, passed by the second respondent against the petitioner. The petitioner was a dealer with the first respondent Corporation and the dealership was terminated by the first respondent by its notice dated 20.07.2007.

(2.) Due to the termination of the dealership, disputes arose and the said dispute was referred to Arbitration. The claim made by the petitioner before the Arbitration was only for restoration of dealership. The learned Arbitrator after considering the materials available on record and after hearing the submissions of both the parties, passed an Award dated 18.07.2011, dismissing the claim of the petitioner.

(3.) Aggrieved by the Award dated 18.07.2011, the instant petition has been filed. The leaned Counsel for the petitioner drew the attention of this Court to the findings of the learned Arbitrator in the impugned Award and submitted that the learned Arbitrator has not properly considered the expert opinion given by a Government Authority appointed by this Court pursuant to orders passed by this Court in an application filed by the petitioner under Section 26 of the Arbitration and Conciliation Act.