KUMARI ARCHANA Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the present Letters Patent Appeal is to the judgment dated 18.08.2017 passed in CWJC No. 10323 of 2017. By the impugned judgment the learned Writ Court has been pleased to hold that in the nature of the dispute it will not be proper for the Writ Court to decide the factual aspects of the matter and it will be only appropriate that the same should be decided by an Arbitrator. The learned Writ Court has appointed Hon'ble Mr. Justice V. Nath, a retired Judge of this Court, as a sole Arbitrator for the purpose of resolving the dispute.

(2.) Learned counsel representing the writ petitioner - appellant has challenged the order passed by the learned Writ court on the ground that her dealership of retail outlet has been running since May, 2012 and there was no complaint against her previously and it is only because the then Construction Engineer had a high demand which was not fulfilled by the petitioner he started to harass the petitioner. As regards the alleged irregularities, she has filed explanation but without considering the same the respondent Corporation cancelled the license and stopped supply of petroleum products. She has not at all disputed that the agreement between her and the respondent Corporation contained an arbitration clause in terms of Para 18A of the Standard Bidding Document which the learned Writ Court has quoted in detail in the impugned judgment.

(3.) Learned counsel for the respondent Corporation is present and submits that in the nature of the dispute brought before the learned Writ Court, it has rightly been held that the factual aspects of the matter could not have been gone into and it was not proper for the learned Writ Court to decide those issues. He has also submitted that the learned Writ Court has rightly relegated the parties to the arbitration and has appointed one of the retired Hon'ble Judges of this Court as the sole Arbitrator in the matter.