M/S.Sai Chithra Agency, v. The Executive Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2025

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M/s.Sai Chitra Agency ... Petitioner Vs.

1. The Executive Director, State Head Tamil Nadu State Office, Indian Oil Corporation Ltd., Marketing Division, Southern Region, Indian Oil Bhavan, 139, Uthamar Gandhi Salai, Nungambakkam High Road, Chennai - 34.

2. The Chief General Manager (LPG), Tamil Nadu State Office, Indian Oil Corporation Ltd., Marketing Division, Southern Region, Indian Oil Bhavan, 139, Uthamar Gandhi Salai, Nungambakkam High Road, Chennai - 34.

3. The Divisional LPG-Head, Indane Division Office, Indian Oil Corporation Ltd., 500 Anna Salai, Teynampet, Chennai - 18.

... Respondents 1/4

PRAYER: Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator to adjudicate the dispute between the petitioner and the respondents arising out of the distributorship agreement dated 07.03.2022 and to direct the respondents to pay the cost. For Petitioner :

Mr. S. Vijaya Kumar, Senior Counsel for Mr. J. Melwin Jabaz 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.

2. There seems to be a dispute between the petitioner and the respondents arising out of the distributorship agreement dated 07.03.2022. Mr. Mohammed Fayaz Ali, learned counsel accepts notice on behalf of the respondents. He undertakes to file vakalat on behalf of the respondents. On instructions, he would submit that the respondents are willing for appointment of an arbitrator by this Court from the panel of names suggested by the respondents to the petitioner through their letter dated 23.05.2025. Learned counsel for the petitioner would submit that Hon'ble 2/4

Mr. Justice M. Sathyanarayanan, Retired Judge of this Court, who is one amongst the panel of arbitrators suggested by the respondents can be appointed as the sole arbitrator to adjudicate the dispute between the parties arising out of the distributorship agreement dated 07.03.2022. The learned counsel for the respondents has no objection for the same.

3. Accordingly, this Arbitration Original Petition is allowed as prayed for by issuing the following directions:

(a) Hon'ble Mr. Justice M. Sathyanarayanan, Retired Judge of this Court, who is having office at No.32 (148), Flat No.7F9, 7th Floor, Bhaasyaam Plutus Residence, Lattice Bridge Road, Thiruvanmiyur, Chennai - 600 041 (Mobile No.94454 43300) is appointed as the sole Arbitrator to decide the dispute between the petitioner and the respondents arising out of the distributorship agreement dated 07.03.2022; (b) The Arbitrator shall be paid his remuneration / fees in accordance with the 4th schedule of the Arbitration and Conciliation Act, 1996 or as per the mutual consent of both the parties;

(c) Both the parties shall equally share the arbitrator's fees; 3/4

ABDUL QUDDHOSE. J., ab (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. 11.06.2025 Index : Yes/No Speaking Order : Yes / No ab 4/4