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.