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    M/s Oberoi & Oberoi: HE Arties

    Uploaded by

    Shubham Sarkar
    This document outlines a dispute between M/s Oberoi & Oberoi, which operates petrol pumps, and Bhartiya Oil Corporation Limited, the largest oil company in India. M/s Oberoi & Oberoi was awarded a contract to operate a petrol pump but was found to be manipulating pump data to provide less petrol while charging the full amount. As a result, Bhartiya Oil terminated the contract to maintain its reputation. M/s Oberoi & Oberoi invoked arbitration over the termination as allowed in their agreement. The court appointed Mr. S.S Singhvi as the sole arbitrator to resolve the dispute between the parties.

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    M/s Oberoi & Oberoi: HE Arties

    Uploaded by

    Shubham Sarkar
    43 views2 pages
    This document outlines a dispute between M/s Oberoi & Oberoi, which operates petrol pumps, and Bhartiya Oil Corporation Limited, the largest oil company in India. M/s Oberoi & Oberoi was awarded a contract to operate a petrol pump but was found to be manipulating pump data to provide less petrol while charging the full amount. As a result, Bhartiya Oil terminated the contract to maintain its reputation. M/s Oberoi & Oberoi invoked arbitration over the termination as allowed in their agreement. The court appointed Mr. S.S Singhvi as the sole arbitrator to resolve the dispute between the parties.

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    This document outlines a dispute between M/s Oberoi & Oberoi, which operates petrol pumps, and Bhartiya Oil Corporation Limited, the largest oil company in India. M/s Oberoi & Oberoi was awarded a contract to operate a petrol pump but was found to be manipulating pump data to provide less petrol while charging the full amount. As a result, Bhartiya Oil terminated the contract to maintain its reputation. M/s Oberoi & Oberoi invoked arbitration over the termination as allowed in their agreement. The court appointed Mr. S.S Singhvi as the sole arbitrator to resolve the dispute between the parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    43 views2 pages

    M/s Oberoi & Oberoi: HE Arties

    Uploaded by

    Shubham Sarkar
    This document outlines a dispute between M/s Oberoi & Oberoi, which operates petrol pumps, and Bhartiya Oil Corporation Limited, the largest oil company in India. M/s Oberoi & Oberoi was awarded a contract to operate a petrol pump but was found to be manipulating pump data to provide less petrol while charging the full amount. As a result, Bhartiya Oil terminated the contract to maintain its reputation. M/s Oberoi & Oberoi invoked arbitration over the termination as allowed in their agreement. The court appointed Mr. S.S Singhvi as the sole arbitrator to resolve the dispute between the parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    I.

    THE PARTIES
    M/s Oberoi & Oberoi is an organisation involved in the business of establishing operating and
    maintenance of petrol pump and gas filling stations around the nation.

    Bhartiya Oil Corporation Limited (BOCL) is a one of the largest commercial oil and gas
    company which is owned by the government and headquartered in Bombay.
    I. AGREEMENT BETWEEN THE PARTIES
    The present agreement is a contract between M/s Oberoi & Oberoi and Bhartiya Oil
    Corporation Limited in which Bhartiya Oil Corporation Limited floated a tender for the
    dealership of petrol pump. M/s Oberoi & Oberoi was the successful bidder around the 35
    Companies which participated in the bidding, therefore M/s Oberoi & Oberoi was given a
    tender of dealership for establishing petrol pump and gas filling station in the respected city
    according to the contract.
    II. ROUTINE INSPECTION OF THE PETROL PUMP

    As per the contract between the parties, M/s Oberoi & Oberoi established a petrol pump in the
    respected city. Therefore, as a routine inspection conducted by Bhartiya Oil Corporation
    Limited, it was found that M/s Oberoi & Oberoi was using a chip in the pumps to manipulate
    the data and the quantity of the petrol usually filled. These kind of fraudulent measures were
    used so that so that M/s Oberoi & Oberoi can make more profit by giving less petrol to the
    public and still charge the same amount.

    III. TERMINATION OF CONTRACT

    As according to the routine inspection conducted by Bhartiya Oil Corporation Limited, the
    inspecting officer found a chip in the pumps took the chip in their possession and sealed the
    whole petrol pump immediately. This was done as a consequence of that no further
    manipulation could be done by M/s Oberoi & Oberoi. Therefore, Bhartiya Oil Corporation
    Limited terminated the dealership of M/s Oberoi & Oberoi so to maintain the reputation of
    oil Corporation and the Government of India.

    Subsequently, being the largest commercial oil company in the country, with a net profit of
    INR 79,106 crore for the Previous financial year. Hence, the termination of contract was
    necessary for the public faith in the government owned corporations and to take necessary
    action for this Unlawful business practices by M/s Oberoi & Oberoi.

    IV. INVOCATION OF ARBITRATION


    M/s Oberoi & Oberoi invoked the arbitration clause as per the contracting agreement between
    the parties. M/s Oberoi & Oberoi asked Bhartiya Oil Corporation Limited to appoint a sole
    arbitrator but their demand was refuted. Therefore when the court granted interim measure to
    M/s Oberoi & Oberoi in the present dispute, Bhartiya Oil Corporation Limited appointed
    Zonal Manager of the Company as the sole arbitrator. But, it attracted the schedule V of the
    Arbitration and Conciliation Act, 1996. Therefore on an application for appointment of a sole
    arbitrator to the Hon’ble High Court, Mr. S.S Singhvi was appointed as the presiding sole
    arbitrator by Hon’ble High Court. The disputes will now be heard by this Arbitral Tribunal.

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