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KRISHNAN RAMASAMY
TVS Motor Company Limited, Rep. By its DGM – Legal, K. Pradeep, Chennai – Appellant
Versus
Bansal Auto, Through its Sole Proprietor, Brji Bhushan Bansal, Haryana – Respondent
JUDGMENT
(Prayer : Original Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to pass an order of appointing a sole arbitrator to adjudicate the disputes between the parties arising out of the Authorised Main Dealership Agreement dated 01.04.2018.)
1. This petition has been filed under Section 11(5) of Arbitration and Conciliation Act, 1996, (hereinafter referred as “the Act”), seeking to appoint an Arbitrator to adjudicate the disputes between the parties arising out of the Authorised Main Dealership Agreement dated 01.04.2018.
2. The case of the petitioner is that the petitioner and the respondent entered into an Authorised Main Dealership Agreement (hereinafter referred as “the AMD agreement”) dated 01.04.2018, at Hosur, whereunder the respondent was appointed as an Authorised Main Dealer of the petitioner at Sirsa, Haryana to market the products manufactured by the petitioner and the terms of the AMD agreement was expired by efflux of time on 30.09.2018. Thereafter, at the sole discretion of the petitioner, the terms of the AMD agreement was extended vide renewal letters dated 01.08.2018, 01.07.2019 and 19.05.2020. In the letter dated 19.
The main legal point established in the judgment is the court's authority to appoint a sole arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996, and the recognition of the di....
The main legal point established in the judgment is the court's authority to appoint an independent arbitrator based on the terms of the Dealership Agreement and the arbitration clause contained in i....
The main legal point established in the judgment is the arbitrability of disputes arising from a dealership agreement and the nature of relief that can be granted in arbitration, as governed by the A....
The Limitation Act, 1963 applies to arbitration proceedings, allowing for appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, within three years from the right t....
The Court may defer an application under S. 11 of the Arbitration and Conciliation Act if the contract mandates a preliminary negotiation mechanism that has not yet been exhausted by the parties.
Strict enforcement of arbitration agreement and the law does not permit either party to act as an arbitrator or appoint the arbitrator to arbitrate on the disputes.
The main legal point established in the judgment is that the disputes sought to be referred to arbitration were not precluded by the Cancellation Agreement and required a detailed examination by a du....
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