Madras High CourtOP/631/2020disposed of

Tvs Motor Company Ltd, Regd.Off At Chaitanya No.12, v. M/S. Grace Motors, Gateway Centre, Thana,

2021-06-24Honourable Mr Justice N. Sathish Kumar4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS Dated 24.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR TVS Motor Company Limited, Regd. Off. At "Chaitanya", No.12, Khader Nawaz Khan Road, Nungambakkam, Chennai - 600 006. . . . Petitioner

Versus

1.M/s Grace Motors, Gateway Centre, Thana, Kannur - 670012, Kerala.

2.Roji George, Managing Partner-Grace Motors, Gateway Centre, Thana, Kannur- 670012, Kerala.

3.Gracy George, Partner-Grace Motors, Gateway Centre, Thana, Kannur- 670012, Kerala.

. . . Respondents PRAYER : Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator from the panel of nominees suggested by the petitioner to the respondents vide notice dated 02.11.2020, in accordance with Clause 27 of the Authorized Main Dealership Agreement Page No. 1 /4

dated 01.04.2018.

For Petitioner : Mr.Vishnu Mohan For Respondents : Mr.Sricharan Rangarajan

ORDER

Today the matter is taken up for hearing to change the Arbitrator, mainly on the ground that Mr.P.Ganesan, Retired District Judge is expressing his inability due to his ill-health and sent a letter dated 16.06.2021 to this Court.

2. In such view of the matter, Mr.R.Uma Shankar, Advocate residing at No.7, Kondichetty Street, Chennai - 600 001. Mobile No.9444010639 is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.

3. The learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the Order. Page No. 2 /4

4. That the learned Sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed by him and the same shall be borne by the parties equally.

5. Learned Retired District Judge is requested to return all the papers to Mr.R.Uma Shankar, Advocate.

6. Arbitration proceedings shall be commenced from the stage where left by the presiding Arbitrator and it should be completed within a period of six months.

24.06.2021 msv To

1. Mr.R.Uma Shankar, No.7, Kondichetty Street, Chennai - 600 001.

Mobile No.9444010639 2.Mr.P.Ganesan Retired District Judge, No.778, Judges Colony, Kakithapuram 4th Street, S.Kolathur, Kovilambakkam, Chennai-600117.

Mobile Nos.9600045571, 9600045570 Page No. 3 /4

N. SATHISH KUMAR, J.

msv 24.06.2021 Page No. 4 /4