IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5826 OF 2006

DELHI GATE AUTO SERVICE STATION &  ORS.

.......APPELLANT(S)  

Versus

B.P.C.L. AGRA TH. SR.DIV. MANAGER &  ORS.

.....RESPONDENT(S)

WITH C.A.NO. 5827/2006

O R D E R

The question in these appeals is regarding the correctness of the judgment of  

the High Court dismissing the writ petitions by the appellants herein.  The controversy  

was regarding dealership of two petrol retail outlets.  The dealership was terminated  

by  the  respondent-Bharat  Petroleum  Corporation  Ltd.,  'BPCL'  for  short.   That  

termination was challenged.  The matter was remanded by the High Court in the first  

round with an observation that the BPCL should hear the appellants and consider the  

objections.  Accordingly, show-cause notice was issued.  That show-cause notice was  

also replied to by the appellants by giving various reasons as to why the termination  

should not have been effected.  Later on, the BPCL terminated the dealership.  That  

was challenged by filing writ petitions.  However, as per the terms of the agreement of  

dealership,  the appellants also approached the arbitration.  Now it  is  reported that  

arbitration is over and the award has gone against the appellants which award has also  

been further challenged.   

......2.

- 2 -

2. In that view, it will not be possible for us to entertain this appeal.  In fact, the

writ petitions itself could not have been entertained on the ground that two parallel  

remedies could not have been pursued by the appellants at one and the same time. The  

writ petition was rightly dismissed. We do not find any merit in these appeals.  They  

are dismissed without any order as to costs.  This order should not be viewed as any  

expression on the merits of the matters.

  ...........................J.    ( V.S. SIRPURKAR )

New Delhi;    ...........................J. May 25, 2009.              ( R.M. LODHA )