Allowed

M/S Prabuddha Fuel Junction v. Indian Oil Corporation Limited

Karnataka HC20 Nov 2023CMP/375/2022

Case brief

AI extract

What is this about?

In this civil Miscellaneous Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, the High Court of Karnataka allowed the appointment of a sole arbitrator based on an arbitration clause in a dealership agreement.

What did the court decide?

Appointment of Honble Sri. Justice V Jagannathan as the sole arbitrator to conduct proceedings at the Arbitration and Conciliation Centre, Bengaluru.

M/S Prabuddha Fuel Junction Vs Indian Oil Corporation Limited — Arbitration | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:41647 CMP No. 375 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 20^TH DAY OF NOVEMBER, 2023 BEFORE

¶5

THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 375 OF 2022

¶6

BETWEEN:

¶7

M/S PRABUDDHA FUEL JUNCTION A PROPRITORSHIP CONCERN, TALEKERE VILLAGE N H 75, MAGADI TALUK, RAMANAGARA DISTRICT 562131, REPRESENTED BY ITS SOLE PROPRIETRIX SMT SHASHIKALA H N AGED ABOUT 52 YEARS, W/O PRAKASH V A.

¶8

…PETITIONER

¶9

(BY SRI. ABHINAV A. RAMANAND., ADVOCATE)

¶10

AND:

¶11

Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

¶12

INDIAN OIL CORPORATION LIMITED HAVING ITS HEAD OFFICE AT G 9 ALI YAVAR JUNA MARA, BANDRA (EAST) MUMBAI 400051 REPRESENTED BY ITS MANAGING DIRECTOR.

¶13

INDIAN OIL CORPORATION LIMITED MARKETING DIVISION, BENGALURU DIVISIONAL OFFICE INDIAN OIL BHAVAN NO 28,

¶14

1^ST FLOOR ANJUMAN KAY ARR TOWER

¶15

P. KALINGARAO ROAD, (MISSION ROAD)

¶16

¶17

NC: 2023:KHC:41647 CMP No. 375 of 2022

¶18

BENGALURU 560027 REPRESENTED BY ITS DEPUTY GENERAL MANAGER (RS) BENGALURU DO.

¶19

M/S INDIAN OIL CORPORATION LIMITED A GOVERNMENT OF INDIA ENTERPRISE, NO L 36/A, 1^ST FLOOR B N ROAD, MYSORE TRADE CENTRE OPPOSITE KSRTC BUS STAND, MYSORE 570001, REPRESENTED BY ITS REGIONAL MANAGER.

¶20

…RESPONDENTS

¶21

(BY SRI.SANTHOSH S NAGARALE.,ADVOCATE)

¶22

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR IN VIEW OF THE ARBITRATION CLAUSE CONTAINED IN THE PETROL (MS) / HIGH SPEED DIESEL OIL RETAIL OUTLET DEALERSHIP AGREEMENT FOR DEALER CONTROLLED OUTLETS DATED 20/04/2017 AT ANNEXURE-A TO THE PRESENT PETITION, IN THE LIGHT OF THE AMENDED PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND IN TERMS OF SECTION 12(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶23

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

¶24

3 - NC: 2023:KHC:41647 CMP No. 375 of 2022

¶25

ORDER

¶26

This petition is filed for the appointment of a sole arbitrator and reliance is placed on the agreement for arbitration as contained in the Dealership Agreement dated 20.04.2017. The petitioner has also caused the legal notice dated 09.11.2021. At the outset, this Court must record that there is no dispute about the existence of the arbitration agreement or notice being issued by the petitioner for invoking the agreement for arbitration or that the arbitration will be at Bengaluru.

¶27

The petitioner contends that the respondents have removed the dispensing units without installation on certain alleged deficiencies, but no action is taken to reinstall the same and as such, the petitioner has claimed for reinstalling the dispensing units, for re-commencement of the business and for consequential claims.

¶28

¶29

NC: 2023:KHC:41647 CMP No. 375 of 2022

¶30

After being heard for some time, the learned counsel for the respondents submits that the petition could be allowed appointing a former Judge of this Court as the sole arbitrator. Hence, the following:

¶31

ORDER

¶32

[a] The petition is allowed.

¶33

[b] Honb'le Sri. Justice V Jagannathan,

¶34

a former Judge of the High Court of Karnataka, is appointed as the Sole Arbitrator to enter reference of the dispute

¶35

between the petitioner and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre.

¶36

[c] The Registry is directed to

¶37

communicate this order [by Email], to the Arbitration and Conciliation Centre

¶38

5 - NC: 2023:KHC:41647 CMP No. 375 of 2022

¶39

(Domestic and International), Bengaluru, and Hon'ble Sri. Justice V Jagannathan, a former Judge of the High Court of Karnataka, Address: PRIDE ENCHANTA, No.003, Ground Floor, 4^th Block, Opposite to BHEL Main Gate, Mysore Road, Bengaluru - 560026, as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

¶40

SD/JUDGE

¶41

M/S Prabuddha Fuel Junction v. Indian Oil Corporation Limited

Case brief

What is this about?

What did the court decide?

M/S Prabuddha Fuel Junction v. Indian Oil Corporation Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Caterpillar Financial Services India Private Limited Vs Harmeet Singh

Mahaveer P Vs Mr G Suraj Kumar @ G Suraj

Sri P Pichanna Vs M/S Cateleya Projects

M/S Padmashree Service Station Vs Indian Oil Corporation Limited

T K Sudhindra Vs the State of Karnataka

Sri Annapooraneshwari Hydraulics Vs the Superintendent of Central Tax