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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. /2024 [@ SLP(C)No. 17846/2024]
POONAM DEVI Appellant(s)
VERSUS
BHARAT PETROLEUM CORPORATION LTD. & ORS. Respondent(s)
O R D E R
1. Leave granted.
2. Heard the learned Counsel appearing for the parties.
3. The present appeal arises from the judgment of the High Court
of Judicature at Patna in LPA No.49/2021 dated 02-05-2024. The
Division Bench of the High Court upheld the decision of the learned
Single Judge dismissing the writ petition filed by the appellant
herein whose LPG distribution dealership was terminated by order
dated 27.10.2018.
4. The original agreement dated 15.03.2013 inter alia has a
clause (38) for referring the disputes to arbitration. Initially
show cause notices were issued on 09.11.2017, 16.01.2018 and
26.09.2018, followed by the order of penalty of Rs.2,10,879/- dated
08.05.2018. It is also clear from the record that an amount of
Rs.4.94 crores was also recovered by debiting the account of the
appellant.
5. Having considered the matter in detail, we are of the opinion
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that the above referred disputes can be referred to arbitration.
6. Learned counsel for the parties are agreeable for referring
the dispute to Dr. Ravi Ranjan, Former Chief Justice of Jharkhand
High Court, now at Patna, for arbitration. The fees of the
arbitr...