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2025 DAILYLAW 40428 (KAR)

M/S S P PETROLEUM INDIA OIL DEALER v. M/S. INDIAN OIL CORPORATION LIMITED

WP/4673/2020 · 2025-11-13

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46219 WP No. 4673 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4673 OF 2020 (GM-RES) BETWEEN: 1. M/S S P PETROLEUM INDIA OIL DEALER HITTANAHALLI, NH-13 DISTRICT BIJAPUR-586 101 REPRESENTED BY ITS PROPRIETOR SRI SHIVANANDA P NASHI. …PETITIONER (BY SRI. DILL RAJAN, ADVOCATE FOR SRI. SUBBA REDDY K N., ADVOCATE) AND: 1. M/S INDIAN OIL CORPORATION LIMITED A GOVERNMENT OF INDIA UNDERTAKING HAVING ITS REGISTERED OFFICE AT G-9, ALI YAVAR JUNG MARG BANDRA (EAST), MUMBAI-400 051 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. M/S INDIAN OIL CORPORATION LIMITED INDIAN OIL BHAVAN NO.29, P. KALINGARAO ROAL BENGALURU-560 027 REPRESENTED BY ITS GENERAL MANAGER. 3. M/S INDIAN OIL CORPORATION LIMITED (MARKETING DIVISION) BELGAUM DIVISION OFFICE Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46219 WP No. 4673 of 2020 KHANAPUR ROAD, TILAKWADI BELGAUM-590 006 REPRESENTED BY ITS CHIEF DIVISIONAL RETAIL SALES MANAGER. 4. SMT. SULOCHANA C SAJJAN HIG 344, 22ND CROSS, KHB COLONY TALUK MUDDEBIHAL BIJAPUR-586 212. …RESPONDENTS (BY SRI. SANTHOSH S. NAGARALE, ADVOCATE FOR R2; R1, R3 AND R4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER OF APPOINTMENT DATED 14.1.2019 ISSUED BY THE R-3 IN FAVOUR OF THE R-4 VIDE ANENXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioner is assailing the letter of appointment dated 14.01.2019 (Annexure-A) passed by respondent No.3, appointing the respondent No.4, as a dealer for A site, Retail Outlet at COCO Hitttanahalli, Bijapur District. - 3 - HC-KAR NC: 2025:KHC:46219 WP No. 4673 of 2020 3. Perusal of the writ petition would indicate that, the dispute between the petitioner and the respondent Nos.1 to 3, is pending consideration before the learned Arbitrator in respect of Petrol/High Speed Diesel Oil Retail Outlet Dealership Agreement dated 27.05.2004. In that view of the matter, since the matter is pending consideration before the learned Arbitrator with regard to letter of appointment dated 14.01.2019 (Annexure-A) passed by respondent No.3, at this stage it is not acceptable to interfere under Article 226 of the Constitution of India. However, it is open for the petitioner to recourse to the appropriate proceedings before the learned Arbitrator. Accordingly, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE SB:List No.: 1 Sl No.: 28