Disposed

Deepak Verma and Another v. Indian Oil Corporation Limited and 2 Others

Allahabad HC2 Dec 2023WRIC/24143/2023

Case brief

AI extract

What is this about?

Petitioners sought directives restraining respondent companies from acting on a dated order and initiating recovery. Petitioner was granted leave to approach the arbitrator under the contractual arbitration clause; the writ petition is therefore disposed of without adjudication on merits.

What did the court decide?

Writ petition disposed of upon grant of leave to petitioners to approach the arbitrator.

Deepak Verma and Another Vs Indian Oil… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:228341-DB

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Court No. - 40

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Case :- WRIT - C No. - 24143 of 2023

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Petitioner :- Deepak Verma And Another Respondent :- Indian Oil Corporation Limited And 2 Others Counsel for Petitioner :- Yash Padia Counsel for Respondent :- Rakesh Pathak,Shubham Agarwal

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard Sri Yash Padia, learned counsel for the petitioners and Sri Rakesh Pathak, learned counsel for the respondent - Indian Oil Corporation Limited.

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The present writ petition is preferred inter alia with the following reliefs:

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"i. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to not give effect to the letter/ order dated 15.06.2023.

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ii. Issue a writ, order or direction, in the nature of mandamus directing the respondent India Oil Corporation Limited from taking any coercive action against the petitioners and further restraining them from initiating any recovery proceedings in lieu of the letter/ order dated 15.06.2023."

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While filing the objection by the Indian Oil Corporation, it is pressed that as per Para-19(b) of the agreement dated 25.07.2017, the business associates shall be liable for all the damages and in case of any dispute, there is an arbitration clause in Para-38. Sri Rakesh Pathak, learned counsel for the respondent - Indian Oil Corporation Limited submits that once efficacious remedy is available to the parties, it would be open to the petitioners and other rival claimants to approach the arbitrator and no interference is required by this court in a writ petition under Article 226 of the Constitution of India.

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Confronted with this situation, Sri Yash Padia, learned counsel for the petitioners states that a leave may be accorded to the petitioners to approach the arbitrator.

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Accordingly, with the aforesaid leave, the writ petition stands disposed of .

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Order Date :- 2.12.2023 NLY

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Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad

Deepak Verma and Another v. Indian Oil Corporation Limited and 2 Others

Case brief

What is this about?

What did the court decide?

Deepak Verma and Another v. Indian Oil Corporation Limited and 2 Others

Case brief

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What did the court decide?

What the court decided

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