IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-02-2026 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. TVS Motor Company Limited., Rep. by its Authorised Signatory, D.Karthik, Regd. Off. at Chaitanya, No.12, Khader Nawaz Khan road, Nungambakkam, Chennai - 600 006 Also at Jayalakshmi Estates, No.29, Haddows Road, Chennai - 600 006.

Also at P.B. No.4, Haritha, Hosur - 635 109.

Petitioner(s)

Vs Rupsa Motors Proprietor. Mr.Chyan Krishna Majumdar, Bagula Station, Para, Bagula, P.O.Bagula, Nadia, West Bengal - 741 502.

Respondent(s)

PRAYER Petition filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996, praying to Appoint a Sole Arbitrator to adjudicate the disputes between the Petitioner and the Respondent in terms of Clause 27 of the Dealership Agreement dated 01.04.2024.

For Petitioner(s): Mr.Adarsh Subramanian

ORDER

This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for the sake of brevity, hereinafter referred to as 'the Act') for appointment of a Sole Arbitrator to adjudicate the disputes between the Petitioner and the Respondent in terms of Clause 27 of the Dealership Agreement dated 01.04.2024.

2.When the matter came up for admission on 18.12.2025, this Court passed the following order:

This petition has been filed under Section 11 (5) and 11 (6) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the Act] to appoint a sole arbitrator under clause 27 of the Authorised main Dealership Agreement dated 01.04.2024 to adjudicate the disputes between the parties.

2. The agreement provides for referring the dispute for Arbitration under clause 26 & 27 and the same is extracted hereunder:-

GOVERNING LAW AND JURISDICTION

26. This Agreement and all questions of its interpretation shall be construed in accordance with the laws of the Republic of india. Subject to Clause 27 below, wherever judicial intervention is possible, the District Court at Krishnagiri within whose jurisdiction Hosur comes under, shall have exclusive Jurisdiction in respect of all matters relating thereto under any law for the time being in force, including Intervention of courts under Arbitration and Conciliation Act, 1996, or any amendment thereof, and each of the Parties hereby consents to the exclusive jurisdiction of such Court and of the appropriate appellate courts therefrom and irevocably waive, to the fullest extent permitted by law, any objection which it may have now or hereafter to the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which la brought in any such court has been brought in an Inconvenient form.

CLAUSE 27 DISPUTE RESOLUTION

27.1 All disputes, differences, controversies or claims arising out of or relating to this Agreement or other contract/s or document/s or arrangement/s between the Parties hereto in relation to the transactions under or pursuant to this Agreement or matters incidental thereto, either during their subsistence or thereafter, (The Dispute) shall be settled in the following manner.

27.2 A Dispute will be deemed to arise when one Party serves on the other Party a notice stating the nature of the Dispute (a 'Notice of Dispute).

27.3 The Dispute as contained in the Notice of Dispute which could not be settled by the Parties through Conciliation (if preferred) after the period of thirty (30) Days from the service of the Notice of Dispute, shall be finally settled by Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or its statutory amendments thereof, and:

(a) All proceedings of arbitration shall be conducted in English; (b) The arbitral tribunal shall comprise of a sole arbitrator selected by the Chairman and Managing Director of the Company or any other person nominated by the Chairman and Managing Director In this regard (hereinafter referred to as the 'Appointing Authority); however, the Company may at its sole discretion if requires resoluti