Sun Motors, Rep.By Its Managing Partner Mr.Rakesh Ramesh Mire, v. Ashok Leyland Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 22nd DAY OF JANUARY 2019 THE HON'BLE MR. JUSTICE M.GOVINDARAJ O.P. No.1070 of 2018 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of Dealer Sales and Service Agreement dated 29.05.2013 between Ashok Leyland Ltd., and Sun Motors M/s.Sun Motors, rep. by its Managing Partner, Mr.Rakesh Ramesh Mirje, having office at Gat No.144, Halondi, Tal-Hatkanangle, Kolhapur-416 103 and head office at C.S. No.1475/76, C/o.Auto India Madhavnagar Road, Sangli-416 416.
... Petitioner -VersusM/s.Ashok Leyland Ltd., No.1, Sardar Patel Road, Guindy, Chennai-600 032.
rep. by Mr.Nitin Seth, President-LCV ... Respondent Original petition praying that this Hon'ble Court be pleased to pass an order to:- a) appoint an independent and sole Arbitrator to adjudicate upon the disputes and claims that have arisen between the parties hereto under the Dealer Sales and Service Agreement dated 29.05.2013, pursuant to the letter of the petitioner dated 16.07.2018.
b) direct the respondent to pay the cost of this petition.
This Original Petition coming on this day before this Court for hearing in the presence of Mr.J.Ravikumar, advocate for the petitioner herein and Mr.V.Kuberan for
M/s.Rank Associates, advocates for the respondent herein and upon reading the petition filed herein and the order herein dated 04.12.2018, it is ordered as follows:- That the Hon'ble Mr. Justice E.Padmanabhan, Judge (Retd.), High Court, Madras, residing at No.11, Madha Church Road, Mandavelipakkam, Chennai-600 028 (Mob.: 9677241111) be and is hereby appointed as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.
2. That 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 copy of this order.
3. That the learned Arbitrator appointed herein, shall be at liberty to fix his remuneration and other incidental expenses.
4. That the Proceedings shall be conducted under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.
5. That both parties hereto shall bear their own costs. WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 22nd DAY OF JANUARY 2019. Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
KLY T-01.03.2019 O.P. No.1070 of 2018
ORDER
DATED: 22.01.2019 THE HON'BLE MR. JUSTICE M.GOVINDARAJ FOR APPROVAL:01/03/2019 APPROVED ON :04/03/2019 Copy to:
1. The Hon'ble Mr. Justice E.Padmanabhan, Judge (Retd.), High Court, Madras, Sole Arbitrator, residing at No.11, Madha Church Road, Mandavelipakkam, Chennai-600 028.
(Mobile No.: 9677241111) 2.The Additional RegistrarVigilance Madras High Court Arbitration Centre Madras High Court Campus, Chennai