Law: Arbitration Act, 1940 (IX of 1940)

Section: 30, 33 & 39

Arbitration Act, 1940 (IX of 1940)--

----Ss. 30, 33 & 39--MOU--Arbitration award--Allowed--Award was set aside--Marketing licenses--Franchise fee--Enhancement of CNG rates--Execution of MOU--Amendments in CNG rules--Issuance of legal notice--Sole arbitrator--Award--Application to award made rule of court--Matter was remitted--Pending of award--Appeal--Dismissed--Petitioners were avoid to payment of franchise rental DMC margins--Petitioners were never party in license agreement--Contractual obligations--Concurrent findings--The arbitration proceedings conducted by nominee of Director General (Gas), Ministry of P&NR, were initiated on basis of notice which was not issued by any of petitioners and/or CNG operators but by APCNGA, which was not a party to agreements containing arbitration clause--That was not disputed that statement of claim in arbitration proceedings was also filed by APCNGA and not petitioners and/or CNG operators--Civil Court set-aside award-- The petitioners did not even file an appeal against said judgment and decree--An application under Order VI, Rule 17 C.P.C. for filing an amended memorandum of appeal in which petitioners were impleaded as appellants--The application was dismissed--The instant petition has been filed by petitioners whose were neither parties to proceedings before Civil Court or appellate Court nor were in arbitration proceedings instituted at their instance--Since APCNGA was not a party to licences agreements, it could neither had invoked arbitration clause embedded therein, nor filed application or appeal--Therefore, no reason to interfere with concurrent findings of Courts below that APCNGA was a stranger to licences agreements and proceedings--Petition dismissed.