Madras High Court
M/S. Ashok Leyland Limited vs Grd Trucks Private Limited on 28 October, 2021
ARB.O.P.No.103 of2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Arb.O.P. (Comm. Divn.) No.103 of 2021
and
O.A.No.336 of 2021
M/s. Ashok Leyland Limited,
No.1, Sardar Patel Road,
Guindy, Chennai-600 032. ... Petitioner
in both O.P. & O.A.
..Vs..
GRD Trucks Private Limited,
2nd & 3rd Floor, Kohat Enclave,
Pritampura, New Delhi-110 034. ... Respondent in
both O.P. & O.A.
Super Mobility Services Pvt. Ltd.,
1513, First Floor, Lothian Road,
Kashmere Gate, Delhi – 110 006. .. Garnishee in O.A.
PRAYER in Arb. O.P. No.103 of 2021: Original Petition filed under
Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint a
Sole Arbitrator to hear and decide the Arbitral dispute between the
petitioner and the respondent arising out of the Vehicle Dealer
Agreement/Arbitration Agreement dated 27.02.2018.
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ARB.O.P.No.103 of2021
PRAYER in O.A. No.336 of 2021: Original Application filed under
Order XIV Rule 8 of O.S.Rules r/w Section 9 of the Arbitration and
Conciliation Act, 1996, to pass an order restraining the garnishee from in
any manner making any payments to the respondent and an order in the
form of attachment before judgment directing the Garnishee to deposit a
sum of Rs.8,24,52,362/- into this Hon'ble Court to the account of the
above O.A., pending disposal of the arbitration dispute between the
applicant and respondent.
For Petitioner in both
O.P. and O.A. : Mr.Kuberan for
M/s. Rank Associates
For Respondent in both
O.P. and O.A. : Mr.K.Subbu Ranga Bharathi
for R1
For Garnishee : Mr. Pushpa Menon
COMMON ORDER
(This case has been heard through video conference)
This Original Petition has been filed seeking for appointment of
Sole Arbitrator to resolve the dispute that has arisen between the parties
in the Vehicle Dealer Agreement dated 27.02.2018 and there is a clause in
the agreement provided for reference to the arbitration.
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2. Heard both the learned counsel appearing for the petitioner
and the learned counsel appearing for the respondent.
3. In such view of the matter, as both parties have no objection
for referring the matter for arbitration and taking note of the nature of
contract and the dispute arose between the parties, it is ordered as
follows:-
i) Honourable Mr. Justice K.RAVICHANDRA
BABU, Judge (Retired) High Court, Madras, residing at ID
Cresent Castle, 13/6, II Cresant Park Road, Gandhi Nagar,
Adyar, Chennai-600 020, Contact Nos.94980 33336 and
94440 11433 is appointed as the Arbitrator to enter upon
reference and adjudicate the disputes inter se the parties.
ii] 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 the
Order.
iii] 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.
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4. This Original Petition is ordered accordingly, leaving the
parties to bear their own costs.
5. So far as the Original Application in O.A.No.336 of 2021 is
concerned, as the Arbitrator is appointed, it is well open to the applicant
to seek the relief of interim measure under Sec.17 of the Arbitration and
Conciliation Act before the learned Arbitrator. Accordingly, this Original
Application is closed with a liberty to move the similar application before
the learned Arbitrator.
28.10.2021
Index : Yes/No
Internet : Yes/No
rpp
To
Honourable Mr. Justice K.RAVICHANDRA BABU,
Judge (Retired) High Court, Madras
ID Cresent Castle, 13/6,
II Cresant Park Road,
Gandhi Nagar,
Adyar, Chennai-600 020.
Contact Nos.94980 33336 and
94440 11433
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ARB.O.P.No.103 of2021
N. SATHISH KUMAR, J.
rpp
Arb.O.P. (Comm.Div.) No.103
of 2021 and O.A.No.336 of 2021
28.10.2021
