GOYAM PETROLEUM Vs. RELIANCE INDUSTRIES LTD

JUDGEMENT

(1.) By filing this revision petition under Article 227 of the Constitution of India, plaintiff has challenged order dated 12.11.2011 Annexure P-1 passed by learned trial Court thereby allowing application filed by defendants/respondents under Section 8 of the Arbitration and Conciliation Act, 1996 and thereby directing the plaint to be returned to the plaintiff and directing both the parties to appear before the Arbitrator as per clause 60 of the dealership agreement dated 06.012.2005.

(2.) Facts in this case are not very much in dispute. Plaintiff was appointed as dealer by defendant No.1 vide dealership agreement dated 06.012.2005 executed between the parties for supply and retail sale of petroleum products. The said agreement stands terminated by the parties by mutual agreement dated 05.09.2008. The plaintiff has filed suit for recovery of security deposit and other amounts pursuant to the dealership agreement.

(3.) Defendants alleged in the application that in view of arbitration clauses 60 and 61 in the dealership agreement dated 06.012.2005, the dispute is liable to be referred to Arbitrator. The plaintiff opposed the said application alleging that the dealership agreement dated 06.012.2005 stood terminated and, therefore, the arbitration clause contained in the said agreement, no longer survived.