IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.01.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Indian Oil Corporation Limited Represented by Bhanu Pratap Chandrakar, Divisional Retail Sales Head, Kozhikode Divisional Office, 2nd Floor, P.M.K.Towers, Civil Station Post, Wayanad Road, Kozhikode - 673 020.

Appellant(s)

Vs M/s.Mohanan and Co., Represented by Mr.K.P.Preman, Indian Oil Dealer, Wayanad Road, Iravipuram, Kozhikode - 673 006.

Also at M/s.Mohanan and Co., Represented by Mr.K.P.Preman, Fortis, Kaipurath Thazham, Near Azhakodi Devi temple, Thiruthiyad, Calicut - 673 004.

Respondent(s)

PRAYER: Arbitration Original Petition (Commercial Division) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint a Sole Arbitrator to adjudicate the dispute arising out of the dealership agreement dated 31.12.1971.

For Petitioner(s) : Mr.Mohammed Fayaz Ali For Respondent(s) : Mr.R.Arun Kumar

ORDER

This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) to appoint a sole arbitrator to adjudicate the dispute arising out of the dealership agreement dated

31.12.1971.

2. When this matter came up for admission on 24.11.2025, this Court passed the following order:

“This original petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking for appointment of an Arbitrator to adjudicate the dispute between the petitioner and the respondent in terms of Clause 69 of the arbitration dealership agreement dated 31.12.1971.

2. The trigger notice under Section 21 of the Arbitration and Conciliation Act has been issued on 07.07.2025.

3. Notice to the respondent returnable by 05.01.2026. Private notice is also permitted.

4. Post the case on 05.01.2026.”

3. After service of notice, the respondent has entered appearance and an attempt was made to resolve the dispute amicably. Unfortunately, the parties were unable to reach a settlement.

4. Heard Mr.Mohammed Fayaz Ali, learned counsel for the petitioner and Mr.R.Arun Kumar, learned counsel for the respondent.

5. This Court finds that there is a valid agreement between the parties in line with Section 7 of the Act and it contains an arbitration clause. All the other disputes including the preliminary objections can be raised before the sole Arbitrator and it will be considered on its own merits and in accordance with law, after affording opportunity to both parties.

6. In the light of the above discussion, this Court appoints Mrs.Abitha Banu, Advocate, No.356, 4^th Floor, Sree Ram Aravind Apartment, Lloyd’s Road, Gopalapuram, Chennai-86 (Mobile No:99402 66535) as the sole Arbitrator and the sole Arbitrator is requested to adjudicate the arbitral disputes that had arisen between the parties and render arbitral award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of Sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017.

7.Accordingly, this petition is disposed of. No costs.

20.01.2026 Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mka To:

1.Mr.K.P.Preman, M/s.Mohanan and Co., Indian Oil Dealer, Wayanad Road, Iravipuram, Kozhikode - 673 006.

2.Mr.K.P.Preman, M/s.Mohanan & Co., Fortis, Kaipurath Thazham, Near Azhakodi Devi Temple, Thiruthiyad, Calicut - 673 004.

N. ANAND VENKATESH, J.

mka

20.01.2026