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Madras High CourtArb O.P(COM.DIV.)/333/2025allowed

Mr.Prabhu S/O.Perumal,Age 43 Y, v. The Chief Regional Manager,

2025-07-14Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2025

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Mr.PRABHU S/o.Perumal,Age 43 Y, Sole Proprietor,Perumal HP Gas No.29 Dr.Sankaran Road, Opposite to State Bank Of India, Namakkal-637001.

..Petitioner(s) Vs The Chief Regional Manager, Hindustan Petroleum Corporation Limited, Madurai LPG Regional Office, 171-172 SIDCO Industrial Estate,Kappalur, Madurai-625008.

..Respondent(s) To appoint a Sole Arbitrator to decide the disputes and differences between the petitioner and respondent in terms of the dealership agreement dated 20.11.2019 For Petitioner(s):

Mr. S.Vijay Kumar Senior Counsel For K.N.Pandian For Respondent(s):

Mr. M Vijayan For M/s. King And Partridge, Page 1 of 4.

ORDER

This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short "the Act") seeking for appointment of an Arbitrator by this Court.

2. There seems to be a dispute between the petitioner and the respondent arising out of the dealership agreement dated 20.11.2019. There exists an arbitration clause in the dealership agreement dated 20.11.2019. The learned counsel for the respondent also does not dispute the existence of the arbitration in the dealership agreement dated 20.11.2019.

3. The petitioner has invoked arbitration in accordance with the arbitration clause by issuing notice to the respondent on 07.02.2025 to comply with the requirement of Section 21 of the Act. The respondent has also sent a reply on 21.03.2025 to the petitioner. Since there has been no consensus with regard to the name of the Arbitrator between the parties, this Court has to necessarily appoint an Arbitrator. Accordingly, this petition is allowed as prayed for with the following directions:- Page 2 of 4.

(a) This Court hereby appoints Mr.Arun Karthik Mohan, Advocate, having office at No.161/1, VM Street, Jagadambal Colony, Royapettah, Chennai-14, Mobile No.8754463801, as the Sole Arbitrator to adjudicate the dispute between the petitioner and the respondents arising out the dealership agreement dated 20.11.2019, which is the subject matter of the dispute in this petition. (b) The Sole Arbitrator appointed by this Court shall be paid remuneration/fees as per the schedule agreed upon by the parties to the dispute.

(c) The Arbitrator shall adhere to the provisions of Arbitration and Conciliation Act, 1996.

(d) The Arbitrator shall also pass the arbitral award within the stipulated period as prescribed under the Arbitration and Conciliation Act, 1996.

14-07-2025 Index: Yes/No Speaking/Non-speaking order RKM Page 3 of 4.

ABDUL QUDDHOSE J.

RKM 14-07-2025 Page 4 of 4.