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M/s.Thillai Gas Service(Cc 113429) v. M/s.Bharat Petroleum Corporation Ltd.

Madras HC13 Jul 2026Arb O.P(COM.DIV.)/497/2024

Case brief

AI extract

What is this about?

Section 11(5) Arbitration and Conciliation Act 1996 appointment of arbitrator; recusal of previously appointed arbitrator Dr. Justice P. Devadass; substitute arbitrator Justice (Retd.) Dr. P. Jyothimani appointed on same terms as order dated 27.01.2025 upon consent of both sides from SCOPE Forum of Conciliation and Arbitration panel; dispute under Bharat Gas LPG Distributorship (Domestic and Commercial) Agreement dated 15.04.2016; Thillai Gas Service v. Bharat Petroleum Corporation Ltd; Madras High Court, Arb O.P(COM.DIV.) No. 497 of 2024.

What did the court decide?

Appointment of Justice (Retd.) Dr.P.Jyothimani, Former Judge of Madras High Court, as Arbitrator on the same terms as the order dated 27.01.2025. The prayer for costs of the petition is not expressly dealt with in the order. ¶22

M/s.Thillai Gas Service(Cc 113429) Vs M/s.Bharat Petroleum… — Arbitration | Madras HC (2026)

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Arb O.P(COM.DIV.) No. 497 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13-07-2026

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CORAM

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THE HON'BLE MR.JUSTICE K.KUMARESH BABU

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Arb O.P(COM.DIV.) No. 497 of 2024

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M/s.Thillai Gas Service(CC 113429) Rep.by its Partner N.Nagul, Thillai Garden, No. 46. Patteswaram Main Road, Kilakorkaih, Kumbakonam, Thanjavur District – 612 001.

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..Petitioner(s)

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M/s.Bharat Petroleum Corporation Ltd Marketing Division, Rep.by its Managing Director, Bharat Bhavan, No.4 and 6, Currimbhoy Road,Ballard Estate, Mumbai-400001

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The Territory Manager (LPG) M/s.Bharat Petroleum Corporation Ltd, Sengipatty, Thanjavur District-613 402.

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..Respondent(s)

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Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to Appoint a Sole Arbitrator or Arbitrators for settlement of the dispute between the Petitioner and the Respondent in respect of the Memorandum of Agreement, namely, “Bharat Gas” (Liquefied Petroleum Gas) Distributorship (Domestic and Commercial Agreement) dated 15.04.2016 entered into between the Petitioner and the Respondents; ii) to award the costs of this Petition.

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https://www.mhc.tn.gov.in/judis

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Arb O.P(COM.DIV.) No. 497 of 2024

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For Petitioner(s): Mr.K.Selvaraj

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For Respondent(s): Mr. Raj Jhabkah

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ORDER

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The matter had been placed before this Court in view of the letter that had

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been circulated by Hon’ble Dr. Justice P.Devadass, Former Judge, High Court, Madras, who had been appointed as Arbitrator, recusing himself from the mandate.

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The learned counsels appearing on either side would submit that, from the list of Arbitrators maintained by SCOPE Forum of Conciliation and Arbitration, an Arbitrator could be appointed. It was noted that the Arbitrators for the Southern Region in the list were all residing outside Chennai and Hon’ble Mr.Justice Dr.P.Jyothimani was enlisted for the Northern Region and the learned counsels are also agreed for nomination of him as an Arbitrator. Accordingly, Justice (Retd). Dr.P.Jyothimani, Former Judge of Madras High Court, No.C9, AGS Colony Beach, First Cross Street, Kottivakkam, Chennai – 600 041, (Mobile No.09498020044) is appointed as an Arbitrator on the same terms of the order dated 27.01.2025.

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13-07-2026

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Speaking/Non-speaking order Neutral Citation: Yes/No kak

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https://www.mhc.tn.gov.in/judis

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Arb O.P(COM.DIV.) No. 497 of 2024

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K.KUMARESH BABU, J.