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Supreme Court of India 2023-05-09 allowed

M.P. PARVATHI vs M/S. SATHYANARAYANA SERVICE STATION & ANR

Bench: 2 — K.M. Joseph, B.V Nagarathna

In Brief

IOC entered into a petrol pump dealership agreement with M/s. Sathyanarayana Service Station in 2003. In 2006, the dealer submitted a resignation notice citing relocation to Bangalore. IOC accepted the resignation by letter dated 22.11.2006, and later took possession of the outlet. The dealer then sought to withdraw the resignation, but IOC rejected this request. An arbitrator upheld IOC's position, finding the resignation had been validly accepted. However, the High Court set aside the award and ordered restoration of the dealership. The Supreme Court held that the arbitrator's finding was plausible and not perverse, and that the High Court illegally interfered with it and exceeded its authority by modifying the award. The award was restored and the appeals allowed.

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Arbitration & Conciliation Act, 1996 Arbitral Awards Section 34 (Setting aside awards) Section 37 (Appeal) Contract Interpretation Termination of Contract Acceptance of Notice

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