M/S.Sri Royal Petroleum v. Indian Oil Corporation Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.06.2025
CORAM
THE HON'BLE Mr. JUSTICE ABDUL QUDDHOSE Arb.O.P (Com.Div.) No.192 of 2025 M/s.Sri Royal Petroleum, Rep. by its Proprietor, Mr.M.D. Thangavel.
... Petitioner vs.
1. Indian Oil Corporation Ltd., Rep. by its Authorised Officer, Registered office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai - 400 051.
2. Indian Oil Corporation Ltd., Rep. by its General Manager (Retail Sales) Indian Oil Bhavan, 139, Nungambakkam High Road, Nungambakkam, Chennai - 600 034.
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3. The Divisional Retail Head, Coimbatore Divisional Office, Indian Oil Corporation Ltd., (Marketing Division), Indian Oil Bhavan, 8/1079, Avinashi Road, Coimbatore - 641 018.
... Respondents Prayer : Arbitration Original Petition (Commercial Division) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to constitute an Arbitral Tribunal consisting of a Sole arbitrator to adjudicate the dispute between the petitioner and the respondents in terms of the Adhoc Agreement, dated 30.12.2021.
For petitioner : M/s. K. M. Vijayan Associates For respondents : Mr.Mohammed Fayaz Ali
ORDER
This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking for appointment of an Arbitrator by this Court.
2. There seems to be a dispute between the petitioner and the respondents arising out of the Adhoc Agreement, dated 30.12.2021. The petitioner has invoked arbitration in accordance with the arbitration 2/5
clause by issuing notice to the respondents as per the provisions of Section 21 of the Arbitration and Conciliation Act, 1996 on 24.02.2025.
3. Both the learned counsels on instructions have made an endorsement in the Court bundle stating that the parties are agreeable for the appointment of a sole Arbitrator to adjudicate the dispute between the parties arising out of the Adhoc Agreement, dated 30.12.2021.
4. Since there exists an arbitration clause in the Adhoc Agreement, dated 30.12.2021, which is the subject matter of the dispute between the petitioner and the respondents and since the petitioner has complied with the statutory requirement by issuing notice to the respondents on 24.02.2025 as per the provisions of Section 21 of the Arbitration and Conciliation Act and since a consent has been given by both the learned counsels, this Court will have to appoint Mr.V.Srikanth, Advocate as the sole Arbitrator to adjudicate the dispute between the parties.
5. For the foregoing reasons, this Arbitration Original Petition is allowed as prayed for by issuing the following directions :- a) This Court appoints Mr.V. Srikanth, Advocate, who 3/5
is having office at M-14A, Singapore Plaza, No.337, Linghy Chetty Street, Chennai - 600 001 (Mobile No.9840075512) as the sole Arbitrator to adjudicate the dispute between the parties arising out of the Adhoc Agreement, dated 30.12.2021. (b) The Arbitrator shall be paid his remuneration / fees in accordance with the 4th schedule of the Arbitration and Conciliation Act, 1996.
(c) Both the parties shall equally share the arbitrator's fees.
(d) The Arbitrator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act. 05.06.2025 Index: Yes/ No Speaking order / Non speaking order vsi2 4/5
ABDUL QUDDHOSE, J.
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