Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Law : Administrative decisions by Government Company |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Administrative Law : Administrative decisions by GovernmentCompany – Interference by the High Court – Permissibility of – Onfacts, dealership agreement wherein respondent selling petroleumproducts of the appellant-Government Company – Termination ofthe respondent’s dealership agreement for certain breaches –Arbitral award that letter of termination of dealership calls for sternaction, however, since their outlet closed for 2 years, lenient viewmay be taken – High Court upheld the award with liberty to therespondent to approach appellant for continuation of dealership –Pursuant thereto, respondent moving representation for resumptionof the supply of fuel to him, and the same was rejected – Thereafter,writ petition by respondent – Single Judge upheld termination ofletter of dealership – However, the Division Bench set aside thetermination letter and issued a mandamus to appellant to restorethe dealership of the respondent and resume supply of fuel to hisfuel station – On appeal, held: Reconsideration of the respondent’scase as to whether his dealership should be restored or not was anindependent cause of action between the parties and the same aroseafter the award was passed and upheld by the Single Judge – It hasnothing to do with the award and nor it could be linked with thearbitration proceedings – It was solely within the discretion of theappellant to decide – Appellant came to a conclusion that it was notpossible for them to restore his dealership – Writ court justified inupholding the rejection on the ground that the High Court cannotinterfere in the administrative decision of the appellant and nor itcan substitute its decision by acting as an appellate court over suchdecision in exercise of writ jurisdiction – It is more so when suchdecision is based on reasons involving no arbitrariness of anynature therein which may call for any interference by the High Court Order passed by the Division Bench is set aside and that of theSingle Judge is restored – Arbitration and Conciliation Act, 1996. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 614 |
Petitioner | Indian Oil Corporation Ltd. & Anr. |
Respondent | T. Natarajan |
SCR | [2018] 6 S.C.R. 582 |
Judgement Date | 2018-07-07 |
Case Number | 6748 |
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