IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.31333 OF 2019 (GM-RES) C/w.
WRIT PETITION NO.31972 OF 2019 (GM-RES) BETWEEN:
MRS. H.D. ANITHA W/O. MR. M.K. DINESHA AGED ABOUT 42 YEARS C/O. M/S. SIDHARTH GAS DISTRIBUTORS BHARATGAS BUILDING, 1ST CAMP ROAD,NEAR SBM, BYLAKUPPE PERIYAPATNA TALUK MYSURU DISTRICT PIN: 571 104 …PETITIONER [COMMON] (BY SRI. BALAJI RAGHUNATHAN, ADVOCATE) AND:
1 UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF PETROLEUM AND NATURAL GASES, A-WING, SHASTRY RAJENDRA PRASAD ROAD AZADBHAVAN ROAD I.P. ESTATE NEW DELHI – 110 002 2 BHARAT PETROLEUM CORPORATION LTD., BHARAT BHAVAN 4 & 6, CURRIMBHOY ROAD BALLARD ESTATE P.B. NO.688 MUMBAI – 400 001 REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR ...RESPONDENTS [COMMON] [BY SRI. VENKATANARAYANA, CGC FOR R1; SRI. PRABHULING K. NAVADGI, SR. COUNSEL FOR SRI. ARUNA SHYAM, ADVOCATE FOR R2] W.P. NO.31333/2019 IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A I.E., THE COMMUNICATION DATED 19.07.2019 ISSUED BY R2 THROUGH THEIR WEBSITE IN DISTRIBUTOR E- BHARATHGAS PACKAGE [DISTRIBUTOR CODE 163432] OF TRANSFERRING OF 1729 DOMESTIC CUSTOMERS.
W.P. NO.31972/2019 IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A I.E., THE COMMUNICATION DATED 23.07.2019 MADE BY R2 [DISTRIBUTOR CODE 163432].
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Balaji Raghunathan, learned Counsel for the petitioner.
Mr. Venkatanarayana, Central Government Counsel for the respondent No.1; Sri. Prabhuling K.
Navadgi, Sr. Counsel for Sri. Aruna Shyam, learned counsel for Respondent No.2.
Learned counsel for the petitioner, after hearing the matter for some time, seeks leave of this Court to withdraw the writ petitions with liberty to pursue the proceedings before the Arbitrator.
2. It is further submitted that in case petitioner files an application under Section 17 of the Arbitration & Conciliation Act, 1996, the Arbitrator be directed to dispose of the application expeditiously.
3. The aforesaid prayer is not opposed by learned senior counsel appearing for Respondent No.2.
4. In view of the submission made and in the facts of the case, petitions are disposed of with a direction that in case petitioner files an application under Section 17 of the Arbitration & Conciliation Act, 1996, the Arbitrator is directed to dispose of the application expeditiously, after affording an opportunity of hearing to the parties, in accordance with law.
5. Accordingly, writ petitions are disposed of.
In view of disposal of W.P. No.31333/2019, I.A. No.1/2019 does not survive for consideration and hence the same is disposed of.
Sd/- JUDGE AN/-