IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 31-10-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.103 of 2003 Sri Venkateswara Transports, rep. by its Proprietor A.Sundaram, 3/B-5, Main Road, Namakkal-637001, Namakkal District. .. Petitioner. Versus 1.Deputy General Manager, Indian Oil Corporation Limited, Southern Region, Indian Oil Bhawan, 139, Nungamabakkam High Road, Chennai-600 034. 2.Plant Manager, Indian Oil Corporation Ltd., Indane Bottling Plant, I.D.A.Kondapalli-521228, Krishna District, Andhra Pradesh. .. Respondents. Prayer: This petition has been filed seeking for a writ of Certiorari, calling for the records pertaining to the order passed by the 2nd respondent in his Proceedings No.VBP/122, dated 13.2.2002, and quash the same. For Petitioner : Mr.C.Selvaraju For Respondents : Mr.Abdul Saleem (R1 & R2) O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
2. This writ petition has been filed for a writ of certiorari to call for the records relating to the order of the second respondent, dated 13.2.2002, made in his proceedings No.VBP/122 and to quash the same.
3. The petitioner is a Transport Company. The petitioner Company had purchased tanker lorries for using the same to transport Liquid Petroleum Gas. The petitioner Company was awarded a contract for transportation of Liquid Petroleum Gas by proceedings, dated 20.5.97, and the petitioner Company was to transport Liquid Petroleum gas from the refineries at Mangalore, Cochin and Chennai to the bottling centres at Trichy, Madurai and other places. The contract was renewable on such terms and conditions as agreed upon. However, a dispute had arisen with regard to the payment of the bills pertaining to the contract. In such circumstances, the petitioner had preferred the present writ petition before this Court, under Article 226 of the Constitution of India.
4. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had placed before this Court a copy of the contract, dated 28.8.2000, entered into between the petitioner Company and the respondent Corporation. In Clause 3 of Part-D of the terms and conditions of the contract it has been specified that any dispute or difference of any nature, whatsoever, between the parties to the contract, shall be referred to arbitration. Therefore, the writ petition filed by the petitioner Company is not maintainable.
5. The learned counsel appearing on behalf of the petitioner, had not refuted the statements made by the learned counsel appearing on behalf of the respondents.
6. In such circumstances, this Court is of the considered view that it would be unnecessary for this Court to go into the merits of the case since the writ petition filed by the petitioner Company is not maintainable as the contract, dated 28.8.2000, entered into between the petitioner Company and the respondent Corporation specifies that any dispute arising between the parties concerned shall be referred to arbitration. Therefore, the present writ petition filed by the petitioner Company stands dismissed as not maintainable. No costs.
Index:Yes/No 31-10-2008
Internet:Yes/No
csh
M.JAICHANDREN,J.
csh
To
The Deputy General Manager,
Indian Oil Corporation Limited,
Southern Region,
Indian Oil Bhawan,
139, Nungamabakkam High Road,
Chennai-600 034.
Writ Petition No.103 of 2003
31-10-2008