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2022 Supreme(Mad) 546

M.SUNDAR
Sikka Motors Pvt. Ltd. , Rep. by its Managing Director, New Delhi – Appellant
Versus
Hyundai Motor India Ltd. , (HMIL), Commercial Centre, Jasola, New Delhi – Respondent


Advocate Appeared:
For the Petitioner:M.S. Krishnan, Senior Counsel, instructed by M. Aravind Subramaniam, Advocate.
For the Respondent:Thriyambak J. Kannan of M/s. Khaitan, & Co., Advocates led by P.S. Raman, Senior Counsel.

JUDGMENT :

(Prayer : Original Petition filed under Section 11(6) of The Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator to decide the dispute between the Petitioner and the Respondent in accordance with Dealership Agreement dated 24.10.2016.)

1. Captioned Arb OP has been presented in this Court on 01.07.2022 under Section 11 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter referred to as 'A and C Act' for the sake of convenience, clarity and brevity] with a prayer for appointment of a Sole Arbitrator.

2. Mr.M.S.Krishnan, learned senior advocate instructed by Mr.M.Aravind Subramaniam counsel on record for the petitioner is before this Court. Mr.Thriyambak J.Kannan of M/s.Khaitan & Company [Law Firm] (led by Mr.P.S.Raman, senior advocate) is before this Court. Mr.Thriyambak J.Kannan of M/s.Khaitan & Company accepts notice on behalf of lone respondent, with the consent of learned counsel on both sides main Arb OP is taken up.

3. This Court is informed by learned counsel on both sides without any disputation or disagreement that captioned Arb.OP is predicted on Clause 11 [captioned 'ARBITRATION'] of an agreement dated 24.10.2016 captioned

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