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Madras High CourtOSA(CAD)/157/2024allowed

Indian Oil Corporation Limited, v. Bharathiyar S

2025-06-04Honourable The Chief Justice,Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and CMP No.29234 of 2024 1.Indian Oil Corporation Limited, Rep by its Managing Director, 139, Uthamar Gandhi Salai, Nungambakkam High Road, Chennai 600 034.

2.Deputy General Manager (LPG S) Indian Oil Corporation Limited Marketing Division, Southern Region Indane Area Office, 500, Anna Salai, Teynampet 3.Senior Manager (LPG S) Indian Oil Corporation Limited Marketing Division, Southern Region 139, Uthamar Gandhi Salai, Nungambakkam High Road 4.Executive Director and State Head Indian Oil Corporation Limited Tamil Nadu State Head Tamnilnadu State Office, Indian Oil Bhavan, Indane Area Office, 500, Anna Salai, Teynampet

Also at, Indian Oil Bhavan, 139, Uthamar Gandhi Salai, Nungambakkam High Road Chennai 600 034 Indian Oil Corporation Limited Tamil Nadu State Head Tamil Nadu State Office, Indian Oil Bhavan, Indane Area Office, 500, Anna Salai, Teynampet : Appellants versus Bharathiyar S : Respondent Prayer: Appeal filed against the Judgment passed by learned Single of this Court in OA No. 852 of 2024 dated 18.11.2024 For Appellants :

Mr.Mohammed Fayaz Ali For Respondent :

Ms.Tanya Kapoor

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) By order dated 18.11.2024, on an application filed by respondent under Section 9 of the Arbitration and Conciliation Act, 1996, learned

Single Judge had restrained appellants from acting on the termination notice dated 12.09.2024, till the pendency of the arbitration proceedings between the parties. This appeal impugns the said order.

2. As the term of dealership itself was coming to an end within two weeks of the termination notice and in any case, having come to an end, Court suggested that the parties should try to work out the matter and on 02.06.2025, stood over the matter to today.

3. Shri Mohammed Fayaz Ali for appellants states that respondent may apply for fresh Indane Gas distribution to appellants and appellants will consider the same as per the applicable policy of appellants.

4. Ms.Tanya Kapoor on instruction states that she has no objection and respondent will apply for the distributorship of Indane Gas.

5. In the circumstances, the impugned order is quashed and set aside. The appeal stands allowed. There will be no order as to costs. Consequently, the interim application also stands disposed of.

6. Both counsels state that there is no dispute pending under the agreement dated 23.09.2019.

(K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 04.06.2025 Index : Yes/No : Yes/No tar

To The Sub-Assistant Registrar, Original Side Section, Madras High Court

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(tar) 04.06.2025