A.Jose Antony v. the Deputy General Manager
Case brief
What is this about?
The Madurai Bench dismissed a writ appeal challenging the termination of an LPG dealership agreement. The court accepted a joint memo where the parties mutually agreed to appoint a retired judge as the sole arbitrator under the Arbitration and Conciliation Act, thereby closing the appeal without adjudication on merits.
What did the court decide?
Joint memo appointing Justice S. Rajeswaran as sole arbitrator recorded; writ appeal and connected petitions closed without order on costs.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.02.2018 CORAM: THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA
W.A.(MD)No.1227 of 2015 and M.P(MD)Nos.1 and 2 of 2015 and C.M.P(MD)No.8889 of 2017
A.Jose Antony ... Appellant/ Petitioner Vs. 1.The Deputy General Manager (I/C), LPG, Indian Oil Corporation Ltd., Marketing Division, Southern Region, 'Indian Oil Bhavan', No.139, Mahatma Gandhi Road, (Nungambakkam High Road), Chennai - 600 034. 2.The Chief Area Manager, Indane Area Office, Indian Oil Corporation Ltd., No.2, Race Course Road, Chokkikulam, Madurai - 2. 3.The Sales Officer, Manager LPG Sales, Indian Oil Corporation Ltd., No.3/9, T1 Muthamizh Apartment, 5th Main Road, Maharaja Nagar, Tirunelveli - 627 011. ... Respondents/ Respondents
PRAYER: Appeal filed under Clause 15 of the Letters Patent, against the order passed in W.P(MD)No.15349 of 2015, dated 08.10.2015.
Prayer in WP(MD). 15349/ 2015 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 1st respondent in Ref: TNL / S/ 218 dated 27.07.2015, quash the same and consequently direct the respondents herein to allow the petitioner s lawful business in terms of https://hcservices.ecourts.gov.in/hcservices/ Distributorship Agreement dated 01.07.2010 with renewal of agreement.
2
Issues for consideration
2 issues framed by the court
Whether the writ appeal regarding termination of an LPG dealership should be adjudicated on merits given the parties' mutual agreement to appoint an arbitrator.
Whether the court should record the joint memo appointing a sole arbitrator and close the proceedings.
Parties & counsel
- appellant
A.Jose Antony
- respondent
Deputy General Manager (I/C), LPG, Indian Oil Corporation Ltd.
- respondent
Chief Area Manager, Indane Area Office, Indian Oil Corporation Ltd.
- respondent
Sales Officer, Manager LPG Sales, Indian Oil Corporation Ltd.
Coram
Case details
As recorded by the court registry
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