HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 70/2025 Anuradha Meena D/olate Mahaveer Prasad Meena, Aged About 40 Years, R/o Meena Colony, Ward No. 23, Outside Of Chandpole Gate, Sikar-332001, Rajasthan. ----Petitioner Versus Hindustan Petroleum Corporation Limited, Registered Office At Petroleum House 17, Jamshedji Tata Road, Mumbai-400020. Regional Office At Tel Bhawan, Sahkar Marg, Jyoti Nagar, Jaipur- 302005, Rajasthan Through Its Chief Regional Manager. ----Respondent For Petitioner(s) : Mr. Udeshya Vijay Vargiya for Mr. S.S. Hora For Respondent(s) : Mr. Aditya Sharma for Mr. J.P. Gupta JUSTICE ANOOP KUMAR DHAND Order 18/09/2025 1. By way of filing this arbitration application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act of 1996’) a prayer has been made for the appointment of an Arbitrator to adjudicate/resolve the dispute pending between the parties. 2. Counsel for the applicant submits that a dealership agreement was executed between the parties on 27.08.2021 with regard to retail outlet dealer-ship of Hindustan Petroleum Corporation Limited for petrol pump. Counsel submits that certain disputes have arisen between the parties, hence in terms of (2 of 4) [ARBAP-70/2025] Clause 40 of the aforesaid agreement, the matter is required to be referred to the Arbitrator for resolving the dispute. 3. Per contra, counsel for the respondent opposed the arguments raised by counsel for the applicant and submits that the husband of the applicant is already in possession of the Hindustan Petroleum Corporation Limited dealer-ship retail outlet. Hence, under these circumstances, the application is required to be rejected. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. An agreement was executed between the parties with regard to dealer-ship of Hindustan Petroleum Corporation Limited retail outlet on 27.08.2021. A Clause has been appended in the aforesaid agreement that in case, any dispute is arisen in connection with this agreement or in regards to its termination then the same would be referred to the Arbitrator and the Arbitrator would resolve the dispute between the parties in terms of Clause-40 of the agreement. 6. Whether the husband of the petitioner is having any dealer- ship of Hindustan Petroleum Corporation Limited or not, or whether the possession of the same would deprive either side, the same would be taken into account by the Arbitrator. 7. Considering the above factual aspect of the matter, the instant arbitration application stands allowed. 8. In view of the reasons stated above, this Court deems it just and proper to appoint Hon’ble Mr. Justice Manoj Kumar Vyas (Retd.) Resident of B-145, Tara Marg, Hunuman Nagar, Jaipur as (3 of 4) [ARBAP-70/2025] Sole Arbitrator to adjudicate/resolve the dispute between the parties. 9. The appointment of the Sole Arbitrator is subject of declaration being made under Section 12 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') with respect to the independence and impartiality and ability to devote sufficient time to complete the arbitration proceedings within the prescribed period. 10. The arbitration fee of the Sole Arbitrator shall be payable in accordance with the provisions contained in the Manual of Procedure of Alternative Dispute Resolution, 2009 as amended by the Manual of Procedure for Alternative Dispute Resolution (Amendment), 2017 vide notification dated 23.03.2017 read with 4th schedule appended to the Act of 1996 or as determined by the Arbitrator with consensus of parties. 11. The Registry is directed to intimate the Arbitrator- Hon’ble Mr. Justice Manoj Kumar Vyas (Retd.) Resident of B-145, Tara Marg, Hunuman Nagar, Jaipur for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the Act of 1996. 12. All issues raised by the parties before the Arbitrator shall be considered in accordance with law. 13. Since as per Section 29A of the Act of 1996, the arbitration proceedings are required to be concluded within the scheduled time as stipulated therein, it is expected from the parties to appear before the Arbitrator on 13.10.2025 or on any other date as informed by the Arbitrator subject to the agreement between the parties. Furthermore, the parties shall provide their respective E-mail/ contact number/ mobile number and/or also of their (4 of 4) [ARBAP-70/2025] authorized representatives/ Lawyers appearing on their behalf before the Arbitration Tribunal, in order to facilitate the Arbitrator to send information/communication to the parties, whenever required. The information send by the Arbitrator, on such address/ E-mail/ cellphone of the parties or to their authorized representatives/ Lawyers, shall be treated as sufficient communication unless same is not changed. (ANOOP KUMAR DHAND),J Ashu/208