Mdh Motors Pvt Ltd v. Hmi Limited Hyundai Motors India Ltd

O.A.No.634 & 635 of 2024, and Arb.Appln.No.540 of 2024 K.KUMARESH BABU, J.

The application in O.A.No.634 has been filed for granting an order of interim injunction restraining the Respondent, or any of its officers, agents, servants and subordinates from in any manner or any person acting on behalf of or through the authority of the Respondent by appointing distributors in the areas of the Applicant viz. Kadapa, Kadapa District, pending disposal of adjudication of disputes in arbitration between the parties.

2.The application in O.A.No.635 has been filed for granting an order of interim injunction restraining the respondent, or any of its officers, agents, servants and subordinates from in any manner acting and carrying on any actions in detrimental to the interest of the Applicant in pursuant to the or acting upon the Termination Notice dated 26.06.2024, pending disposal of adjudication of disputes in arbitration between the parties.

3.The application in Arb.Appln No.540 has been filed to grant an order of interim stay of the Termination Notice dated 26.06.2024 and consequentially permit the Applicant to carry on the dealership of the vehicles of the Respondent with all consequential actions to be taken by the respondent for sale and service of the vehicles and to enable the Page No. 1 of 4

Applicant to carry on the business and perform their obligations under the Dealership Agreement dated 08.11.2022, pending disposal of adjudication of disputes in arbitration between the parties.

4. When the matter was came up for hearing, it is brought to the notice of this Court that the notice of termination dated 26.06.2024 have been acted upon and the three month period expired on 25.09.2024. Hence, this court has suggested whether an arbitrator can be appointed for resolving or adjudicating the dispute between the parties. The learned counsel appearing on either side had consented for an Arbitrator to be appointed to resolve the dispute. In view of the consent given by the learned counsels, this court appoints Hon'ble Mr.Justice.M.Sathyanarayanan, Former Judge, Madras High Court, residing at Old No.9, New No.5/1, 2nd Avenue, 2nd Extension, Indra Nagar, Adyar, Chennai- 600 020 as Sole Arbitrator to enter upon the dispute between the petitioner and the respondent.

3. The learned Sole Arbitrator is entitled to fix his fees as per the Schedule-IV to the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible.

4. Accordingly, these applications are closed and parties are at Page No. 2 of 4

liberty to make appropriate application before the Arbitrator. Gba 26.09.2024 K.KUMARESH BABU, J.

Gba O.A.No.634 & 635 of 2024, and Arb.Appln.No.540 of 2024 Page No. 3 of 4

26.09.2024 Page No. 4 of 4