This order appoints Mr. D. Balaraman as a Sole Arbitrator to adjudicate the dispute between the applicant and respondent regarding a Distributor Agreement, following the parties' agreement to avoid interim relief applications.
Appointment of Mr. D. Balaraman as Sole Arbitrator; direction to pass award within six months; parties to bear own costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021
THE HON'BLE MR. JUSTICE N.SATHISH KUMAR
Arb.Appln.Nos. 88 and 89 of 2021
In the matter of Section 9 of the Arbitration & Conciliation Act, 1996 And
In the matter of Distributor Agreement Dated 08-09-2015 between M/s. Hatsun Agro Product Limited and Mr. A. Biji
M/s. Hatsun Agro Product Ltd., No.5A, Vijayarajava Road, T.Nagar, Chennai – 600 017. Having registered office at No.1/20-A, Rajiv Gandhi Salai (OMR), Karpakkam, Chennai – 600 097. And also carrying on its business at Old No.AD-83/New No.AD13, Anna Nagar, Opp. IOB Towers Branch, Chennai – 600 040.
... Applicant (in both applications)
-Vs-
A. Biju, Residing at No.5/98, Arasakulam, Thengapattam Post, Kanyakumari – 623 713 Proprietor / Managing Partner of M/s. SALEENA MILK AGENCY Having office at Old No.5/52C, New No.5/44, Panlincavilai, Near IOB, Pudukadai, Kanyakumari District – 629 179.
... Respondent
(in both applications)
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Arb.Appln.No.88 of 2021
Arbitration Application praying that this Hon'ble Court be pleased to appoint an Advocate Commissioner to break open the Respondent's premises along with police protection and take possession of the assets as mentioned in the schedule and hand over the same to the Applicant.
Arb.Appln.No.89 of 2021
Arbitration Application praying that this Hon'ble Court be pleased to direct the respondents to handover the possession of the premises along with Company ASSETS as mentioned in the Schedule and all related documents in terms of the Distributor Agreement dated 13-01-2021.
These Arbitration Applications coming on this day before this court for hearing in the presence of M/s. Reshmi Christy for M/s. Royan Law Associates advocates for the Applicant in both applications and Mr.B.Ram Prasath advocate for the Respondent in both applications and
upon reading the Judges Summon and Affidavit of Rajesh.R filed in Arb.Appln.Nos.88 and 89 of 2021 and it is ordered as follows:-
That Mr.D.Balaraman, Advocate, No.25 A, Karpagambal Nagar, Mylapore, Chennai – 600 004 (Ph.No.9840096758) be and is hereby
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appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.
under Section 17 of the Act before the learned Arbitrator appointed herein.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 20TH DAY OCTOBER 2021.
Sd/-
ASSISTANT REGISTRAR (Comm Cases) //Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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ED 12.11.2021
Arb.Appln.Nos.88 & 89 of 2021
ORDER
DATED: 20.10.2021
THE HON'BLE MR. JUSTICE N.SATHISH KUMAR
FOR APPROVAL: 15/11/2021
APPROVED ON : 16/11/2021
Copy to:
Mr.D.Balaraman, Advocate, Sole Arbitrator, No.25A, Karpagambal Nagar, Mylapore, Chennai – 600 004. (Ph.No.9840096758)
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021
THE HON'BLE MR. JUSTICE N.SATHISH KUMAR
Arb.Appln.Nos.88 and 89 of 2021
In the matter of Section 9 of the Arbitration & Conciliation Act, 1996 And
In the matter of Distributor Agreement Dated 08-09-2015 between M/s. Hatsun Agro Product Limited and Mr. A. Biji
M/s. Hatsun Agro Product Ltd., No.5A, Vijayarajava Road, T.Nagar, Chennai – 600 017. Having registered office at No.1/20-A, Rajiv Gandhi Salai (OMR), Karpakkam, Chennai – 600 097. And also carrying on its business at Old No.AD-83/New No.AD13, Anna Nagar, Opp. IOB Towers Branch, Chennai – 600 040.
... Applicant (in both applications)
-Vs-
A. Biju, Residing at No.5/98, Arasakulam, Thengapattam Post, Kanyakumari – 623 713 Proprietor / Managing Partner of M/s. SALEENA MILK AGENCY Having office at Old No.5/52C, New No.5/44, Panlincavilai, Near IOB, Pudukadai, Kanyakumari District – 629 179.
... Respondent
(in both applications)
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Arb.Appln.No.88 of 2021
Arbitration Application praying that this Hon'ble Court be pleased to appoint an Advocate Commissioner to break open the Respondent's premises along with police protection and take possession of the assets as mentioned in the schedule and hand over the same to the Applicant.
Arb.Appln.No.89 of 2021
Arbitration Application praying that this Hon'ble Court be pleased to direct the respondents to handover the possession of the premises along with Company ASSETS as mentioned in the Schedule and all related documents in terms of the Distributor Agreement dated 13-01-2021.
This Applications coming on this day before this court for hearing, the court made the following order:-
Arbitration Application No.88 of 2021 has been filed to appoint an Advocate Commissioner to break open the respondent's premises along with Police protection and take possession of the assets as mentioned in the Schedule and handover the same to the applicant.
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counsel for the applicant and Mr.B.Ram Prasath, learned counsel for the respondent.
4. Though these petitions have been filed for interim measures, both
sides have no objection to appoint Mr.D.Balaraman, Advocate, as a sole Arbitrator to arbitrate the dispute between the parties.
i) Mr. D.Balaraman, Advocate, No.25 A,
Karpagambal Nagar, Mylapore, Chennai 600 004
(Ph.No.9840096758) is appointed as a Sole Arbitrator
to enter upon reference and adjudicate the matter.
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ii] The learned Arbitrator appointed herein, shall
after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the Order.
iii] The learned Sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed by him and the same shall be borne by the parties equally.
the parties to bear their own costs. It is well open to the parties to seek any interim relief under Section 17 of the Act before the learned Arbitrator.
Sd./-N.S.K.J., 20.10.2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
2 issues framed by the court
Whether to direct the appointment of a Sole Arbitrator to adjudicate the dispute arising from the Distributor Agreement.
Whether the parties should bear the costs of the arbitration proceedings.
1 provisions across 1 enactments
M/s. Hatsun Agro Product Limited
A. Biju
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
