Petitioner challenged penalty proceedings under a dealership agreement. Court found arbitration was initiated during pendency and closed the writ petition as no further orders were necessary.
Petition closed; no further orders; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON'BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.9606 of 2011
Date : 18.07.2012
Between :
Dayavar Gangadhar.
…..Petitioner
And
Hindustan Petroleum Corporation Ltd., Cherlapally, Hyderabad, rep. by its Chief Regional Manager & others.
…..Respondents
HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.9606 of 2011
ORDER :
In the writ petition, the petitioner has questioned the proceedings, dated 09.03.2011, issued by the 2nd respondent imposing the penalty of Rs.2,09,92,048/- on the petitioner, on certain allegations. This Court by order dated 11.04.2011, while observing that there is a clause for arbitration under Clause 38 of the dealership agreement, kept open to the parties to initiate such arbitration proceedings.
When the matter is taken up today, it is submitted by the learned counsel for petitioner that during the pendency of the writ petition, proceedings for arbitration were initiated and adjudication was also made. It is submitted that in that view of the matter, no further orders are necessary in the writ petition.
In view of the submission made by the learned counsel for petitioner, the writ petition is closed. No costs. As a sequel, WPMP.No.11885 of 2011 also stands
closed.
______________________ R. SUBHASH REDDY, J
18th July 2012 ajr
1 issue framed by the court
Whether writ proceedings should continue pending initiated arbitration proceedings under the dealership agreement
Dayavar Gangadhar
Hindustan Petroleum Corporation Ltd.
R. Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
