RUDRA ENTERPRISES Vs. CASTROL INDIA LIMITED

JUDGEMENT

(1.) This writ petitioner is under Article 227 of the Constitution of India wherein the order dated 03.02.2016 passed in Title Suit No.139 of 2015, whereby and whereunder, the petition filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure has been rejected, which has been confirmed in Civil Misc. Appeal No.04 of 2016.

(2.) It is the case of the petitioner, who is plaintiff in the suit, has been instituted upon termination of dealership of distribution of fuel in which a petition under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure has been filed for getting temporary injunction of the cancellation order, the same has been rejected vide order dated 03.02.2016 by the trial court, which was terminated in the year 2015. The said application was filed on the ground that the petitioner is distributor of fuel since in the year 2001 and due to cancellation of the distributorship agreement the money lying in the market which is to be received by the petitioner, the same would be difficult for him to get it after cancellation of the distributorship licence. The trial court after considering the terms and conditions of distributor agreement pertaining to the distributorship wherein it has been provided that the cancellation of the said deed is in terms and conditions of the agreement i.e. after coming to the compromise and on 19.09.2000 the same was cancelled which is an admitted fact. It has been observed that there is arbitration clause in dispute and taking into consideration these aspect of the matter the petition under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure has been rejected.

(3.) The petitioner being aggrieved with the same as also the petition under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure by invoking jurisdiction conferred under the provision of Section 43 (1) (r) of the CPC which has also been rejected against which this writ petition has been filed.