M/S.G.S.V.Subba Rao, Rep By v. The Executive Director

In the High Court of Judicature at Madras Dated : 08.01.2016 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.661 of 2015 M/s.G.S.V.Subba Rao Rep. by its Sole Proprietor, Tmt.Gunda Siva Kumari, rep. by her Power Agent, Gunda Sivakumar.

.. Petitioner -vs1.The Executive Director (Marketing) Indian Oil Corporation Ltd., G-9, All Yavar Marg, Bandra (East) Mumbai.

2.The Executive Director, Indian Oil Corporation Ltd., Andhra Pradesh State Office, 3.6.436 to 438, II Floor, Naspur House, Himayathnagar, Hyderabad.

3.The Deputy General Manager (Retail Sales), Indian Oil Corporation Ltd., Andhra Pradesh State Office, 3.6.436 to 438, II Floor, Naspur House, Himayathnagar, Hyderabad.

4.The Senior Divisional Manager, Indian Oil Corporation Ltd., G.V.R. Towers, 5th Floor, Bharathi Nagar, Ring Road, Vijayavada.

5.The General Manager (Sales) Indian Oil Corporation Ltd., 130, Nungambakkam High Road, Chennai.

.. Respondents

Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, to appoint Sole Arbitrator Tribunal for resolution of disputes and difference arising out of an Agreement dt.10.03.1989 between the petitioner and respondent.

For Petitioner : Mr.K.Prem Kumar For Respondent : Mr.Mohamed Fayaz Ali for RR 2 & 3 : No appearance for RR 1, 4 & 5 * * * * *

O R D E R

In terms of arbitration clause 28 (a), disputes inter se the parties have to be resolved either by Director (Marketing) of the respondent Corporation or some other officer of the Corporation, who may be nominated by the Director (Marketing). The accepted position is that the post stands re-designated as Executive Director, Marketing. The notice invoking arbitration was, however, sent to the D.G.M. (Retail Sales) of the respondent Corporation with a copy marked to the Executive Director - Marketing.

2.The aforesaid factual position shows that to the person who was to act as an Arbitrator or to nominate an Arbitrator, no letter directly was communicated.

3.In the aforesaid given facts and circumstances of the case and in order to proceed with the arbitration, it is agreed that the Designated Authority will appoint an Arbitrator now within fifteen (15) days from the date of receipt of this order.

4.Original Petition, accordingly, stands disposed of, leaving the parties to bear their own costs.

(S.K.K., CJ.) 08.01.2016 sra

The Hon'ble Chief Justice (sra) O.P.No.661 of 2015 08.01.2016