TMI Blog2000 (8) TMI 1142X X X X Extracts X X X X X X X X Extracts X X X X ..... under the terms of the said Clause. 2. The appellant filed a writ petition in the High Court of Karnataka seeking restoration of the distributorship. The writ petition was dismissed because the learned Single Judge found that there was an arbitration Clause in the contract between the parties. He said: In this behalf, all that is necessary to observe is that it is open for the petitioner to raise these points in the dispute and plead before the Arbitrator that the termination of distributorship agreement was arbitrary and that the material on the basis of which the opinion was formed did not exist or did not justify the formation of such an opinion. If such a plea is raised, the Arbitrator is duty bound to consider as to whether the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e claim ant valid or liable to be set aside. (3) Whether the claimant is entitled to the various monetary claims made in the statement of claim dt. 28/1/1988. If so, to what extent? (4) Whether the respondent is entitled to the monetary claim made in its writ ten statement dt. 28/3/88. If so, to what extent? (5) Whether the respondent is entitled to any interest as claimed in its written statement dt. 28/3/88 If so, to what extent? (6) To what reliefs are the parties entitled? The Arbitrator made an award thus: I award and hold that with a view to meet the ends of justice the claimant, Shri E. Venkatakrishna, doing business under the name and style of M/s. Poornashree Gas shall be restored with the Indane distributorship ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ship should be restored. We think that the reference itself contemplated consequential damages for wrongful termination. In any event and assuming that there is any error in so reading the reference, it is difficult to hold that the Arbitrator was thereby vested with jurisdiction to award restoration. 7. It was contended that the appellant had invoked the arbitration Clause only because of the order of the learned Single Judge of the Karnataka High Court on the writ petition that he had filed and that that order contemplated that the Arbitrator, acting on the arbitration Clause in the agreement, would have the authority to award restoration. In the first place, we do not find any such observation in the judgment of the learned Single Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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