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2019 Supreme(Mad) 1810

SENTHILKUMAR RAMAMOORTHY
MKV Agencies – Appellant
Versus
TVS Motors Company Ltd, Chennai – Respondent


Advocates Appeared:
For the Petitioner:V. Ramakrishnan Senior Counsel for M/s. Pushpa Menon, Vivek Menon, Advocates.
For the Respondent: M.S. Krishnan, Senior Counsel for M/s. Sarvabhauman Associates.

JUDGMENT :

(Prayer: Original Petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the Award dated 08.04.2012 passed by the Arbitral Tribunal.)

1. The Claimant before the Arbitral Tribunal is the Petitioner before this Court. By Arbitral Award dated 08.04.2012(the Award), all the claims made by the Petitioner were rejected and the said Award is challenged by filing the present petition.

2. The dispute between the parties arises out of a Dealership Agreement dated 01.04.2003 relating to the establishment of a show room for the retail sale of two wheelers, which are manufactured by the First Respondent and sold wholesale to the Petitioner. It appears that the business relationship between the parties commenced even earlier and was carried on in terms of an earlier Dealership Agreement dated 08.03.1998. It is the admitted position that the Petitioner carried on the dealership business based on the Dealership Agreement dated 01.04.2003 until the business was closed in the year 2008. Pursuant to such closure, it appears that notices were issued on 07.06.2008 and 28.07.2008 requesting the First Respondent to settle the disputes arising out of such bus

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