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M/s. Bharat Petroleum Corporation Ltd., Rep. By its Territory Manager (Retail), K. Manoj v/s N.K. Sundaram, Proprietor, M/s. Salila Auto Fuels Bharat Petroleum Dealers, Mahe


Company & Directors' Information:- BHARAT PETROLEUM CORPORATION LIMITED [Active] CIN = L23220MH1952GOI008931

Company & Directors' Information:- V - RETAIL PRIVATE LIMITED [Active] CIN = U52300TG2009PTC063445

Company & Directors' Information:- M S RETAIL PRIVATE LIMITED [Active] CIN = U52341KA2009PTC049097

Company & Directors' Information:- E R AUTO PRIVATE LIMITED [Active] CIN = U34300HR2002PTC035002

Company & Directors' Information:- A R C INDIA PETROLEUM PRIVATE LIMITED [Active] CIN = U11202TG2009PTC063249

Company & Directors' Information:- A TO Z RETAIL LIMITED [Active] CIN = U52190MH2005PLC155766

Company & Directors' Information:- A P DEALERS LTD [Dissolved] CIN = U51900WB1979PLC032031

Company & Directors' Information:- S S FUELS PRIVATE LIMITED [Active] CIN = U23101DL1991PTC045057

Company & Directors' Information:- K Y AUTO PRIVATE LIMITED [Active] CIN = U50300JK2013PTC003849

Company & Directors' Information:- J. S. B. AUTO PRIVATE LIMITED [Active] CIN = U50300DL2010PTC198144

Company & Directors' Information:- S D RETAIL PRIVATE LIMITED [Active] CIN = U52520GJ2004PTC056076

Company & Directors' Information:- T & R AUTO PRIVATE LIMITED [Active] CIN = U50200TG2012PTC082553

Company & Directors' Information:- A S FUELS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050972

Company & Directors' Information:- A & M RETAIL PRIVATE LIMITED [Active] CIN = U52100TG2012PTC080504

Company & Directors' Information:- A-1 AUTO PVT. LTD [Active] CIN = U51502MH2006PTC165934

Company & Directors' Information:- AUTO INDIA PRIVATE LIMITED [Active] CIN = U65991TN1984PTC010923

Company & Directors' Information:- S. H. RETAIL PRIVATE LIMITED [Active] CIN = U52100DL2010PTC199889

Company & Directors' Information:- K V AUTO LTD [Strike Off] CIN = U28932PB1994PLC014522

Company & Directors' Information:- K G N AUTO PRIVATE LIMITED [Active] CIN = U74900PN2015PTC157675

Company & Directors' Information:- J. S. AUTO PRIVATE LIMITED [Active] CIN = U34102UP1986PTC008173

Company & Directors' Information:- A R FUELS PRIVATE LIMITED [Active] CIN = U74999RJ2000PTC016116

Company & Directors' Information:- S K DEALERS PRIVATE LIMITED [Strike Off] CIN = U52100TG2012PTC080663

Company & Directors' Information:- P S AUTO PRIVATE LIMITED [Active] CIN = U34300MH1999PTC120052

Company & Directors' Information:- V G RETAIL PRIVATE LIMITED [Strike Off] CIN = U52300TG2009PTC065574

Company & Directors' Information:- R. K. FUELS PRIVATE LIMITED [Active] CIN = U23201WB1988PTC045752

Company & Directors' Information:- A B K DEALERS PRIVATE LIMITED [Active] CIN = U52190WB2011PTC159240

Company & Directors' Information:- R D RETAIL INDIA PRIVATE LIMITED [Active] CIN = U52100DL2012PTC235004

Company & Directors' Information:- B C C AUTO PVT LTD [Active] CIN = U74899DL1992PTC051439

Company & Directors' Information:- H H AUTO PRIVATE LIMITED [Amalgamated] CIN = U34100DL2009PTC192880

Company & Directors' Information:- M M AUTO PRIVATE LIMITED [Strike Off] CIN = U50300UP1988PTC009527

Company & Directors' Information:- G. P. DEALERS PVT. LTD. [Active] CIN = U74999WB1994PTC064103

Company & Directors' Information:- S A K DEALERS PRIVATE LIMITED [Active] CIN = U52190WB2011PTC158583

Company & Directors' Information:- M R FUELS PRIVATE LIMITED [Active] CIN = U15429PB1996PTC019160

Company & Directors' Information:- G B AUTO PRIVATE LIMITED [Strike Off] CIN = U50400MH1998PTC114977

Company & Directors' Information:- J N L DEALERS PRIVATE LIMITED [Strike Off] CIN = U52190WB2011PTC158582

Company & Directors' Information:- R & R DEALERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109WB1997PTC084417

Company & Directors' Information:- M S N RETAIL PRIVATE LIMITED [Active] CIN = U52190KA2020PTC137203

Company & Directors' Information:- D & T RETAIL PRIVATE LIMITED [Strike Off] CIN = U74900HR2015PTC055569

Company & Directors' Information:- AUTO DEALERS PVT LTD [Amalgamated] CIN = U34103WB1959PTC024296

Company & Directors' Information:- P & K DEALERS PRIVATE LIMITED [Active] CIN = U52190WB2011PTC159152

Company & Directors' Information:- I P B DEALERS PRIVATE LIMITED [Active] CIN = U52190WB2011PTC159239

Company & Directors' Information:- P K K DEALERS PRIVATE LIMITED [Active] CIN = U52190WB2011PTC158435

Company & Directors' Information:- S & B RETAIL PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120MH2015PTC266050

Company & Directors' Information:- P K T DEALERS PRIVATE LIMITED [Active] CIN = U52190WB2011PTC158436

Company & Directors' Information:- G AND S DEALERS PRIVATE LIMITED [Strike Off] CIN = U52201RJ1997PTC013426

Company & Directors' Information:- N. S. RETAIL INDIA PRIVATE LIMITED [Active] CIN = U52609DL2017PTC310030

Company & Directors' Information:- A A RETAIL (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74900GJ1991PTC016073

Company & Directors' Information:- M C AUTO PVT LTD [Under Process of Striking Off] CIN = U34300DL1977PTC008716

Company & Directors' Information:- S R PETROLEUM PRIVATE LIMITED [Strike Off] CIN = U23200MH1999PTC122909

Company & Directors' Information:- N S S DEALERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U72900UP2001PTC026256

Company & Directors' Information:- G K RETAIL PRIVATE LIMITED [Active] CIN = U15202DL2007PTC171738

Company & Directors' Information:- C F O RETAIL (INDIA) PRIVATE LIMITED [Active] CIN = U51909MH2003PTC140364

Company & Directors' Information:- C-3 RETAIL PRIVATE LIMITED [Strike Off] CIN = U52190WB2010PTC151458

Company & Directors' Information:- H M DEALERS PRIVATE LIMITED [Active] CIN = U51909WB2009PTC136799

Company & Directors' Information:- K D R AUTO PRIVATE LIMITED [Active] CIN = U34300DL2005PTC132732

Company & Directors' Information:- S M RETAIL PRIVATE LIMITED [Strike Off] CIN = U51494OR2008PTC010261

Company & Directors' Information:- N. P. PETROLEUM LIMITED [Strike Off] CIN = U23201UP1995PLC018153

Company & Directors' Information:- A V K DEALERS PRIVATE LIMITED [Strike Off] CIN = U52190WB2011PTC158439

Company & Directors' Information:- K M DEALERS PRIVATE LIMITED [Converted to LLP] CIN = U51909WB2002PTC094480

Company & Directors' Information:- K S R AUTO PRIVATE LIMITED [Active] CIN = U34300PN2011PTC140367

Company & Directors' Information:- T K FUELS (INDIA) PRIVATE LIMITED [Active] CIN = U23201MH1999PTC119882

Company & Directors' Information:- R. B. RETAIL LIMITED [Strike Off] CIN = U51109WB2008PLC123637

Company & Directors' Information:- R H PETROLEUM PRIVATE LIMITED [Active] CIN = U23209MH1996PTC101701

Company & Directors' Information:- J P AUTO PVT LTD [Strike Off] CIN = U50402WB1991PTC052147

Company & Directors' Information:- M M RETAIL PRIVATE LIMITED [Active] CIN = U52599DL2007PTC157838

Company & Directors' Information:- R AND H AUTO INDIA PVT LTD [Active] CIN = U74899DL1982PTC013349

Company & Directors' Information:- D D AUTO PRIVATE LIMITED [Active] CIN = U74899DL1985PTC022306

Company & Directors' Information:- BHARAT DEALERS LTD [Strike Off] CIN = U51109WB1950PLC019114

Company & Directors' Information:- C R AUTO PRIVATE LIMITED [Strike Off] CIN = U34300PB1997PTC020137

Company & Directors' Information:- DEALERS INDIA PVT LTD [Under Liquidation] CIN = U51909WB1949PTC018001

Company & Directors' Information:- K S M PETROLEUM PRIVATE LIMITED [Active] CIN = U01120TZ1978PTC000800

Company & Directors' Information:- S K S FUELS PVT LTD [Strike Off] CIN = U40200HP1984PTC006030

Company & Directors' Information:- INDIA DEALERS PVT LTD [Active] CIN = U67120WB1958PTC023972

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Active] CIN = U29199TZ1996PTC007431

Company & Directors' Information:- A B DEALERS PRIVATE LIMITED [Active] CIN = U51109WB2005PTC103126

Company & Directors' Information:- R S DEALERS PRIVATE LIMITED [Strike Off] CIN = U51909WB2008PTC129222

Company & Directors' Information:- J K M AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC143914

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Not available for efiling] CIN = U34300DL1988PTC032426

Company & Directors' Information:- AUTO REP PRIVATE LIMITED [Strike Off] CIN = U35990KA1986PTC007969

Company & Directors' Information:- H B AUTO (INDIA) PRIVATE LIMITED [Active] CIN = U50401OR1988PTC002075

Company & Directors' Information:- DEALERS AND CO PVT LTD [Strike Off] CIN = U31909RJ1947PTC000484

Company & Directors' Information:- J S RETAIL PRIVATE LIMITED [Strike Off] CIN = U52399PN2008PTC131786

Company & Directors' Information:- G & A RETAIL PRIVATE LIMITED [Strike Off] CIN = U74994MH2011PTC219515

Company & Directors' Information:- A. M. PETROLEUM PRIVATE LIMITED [Strike Off] CIN = U51524MH2014PTC255581

Company & Directors' Information:- R G DEALERS PRIVATE LIMITED [Strike Off] CIN = U51109MH2010PTC206216

Company & Directors' Information:- V S DEALERS PRIVATE LIMITED [Strike Off] CIN = U74999TG2007PTC056653

Company & Directors' Information:- MANOJ PRIVATE LIMITED [Strike Off] CIN = U74899DL1980PTC010292

Company & Directors' Information:- S V S PETROLEUM PRIVATE LIMITED [Active] CIN = U51909DL2002PTC116940

Company & Directors' Information:- O P AUTO PRIVATE LIMITED [Active] CIN = U51103DL2008PTC181391

Company & Directors' Information:- C L K AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2003PTC118551

Company & Directors' Information:- I. V. RETAIL PRIVATE LIMITED [Strike Off] CIN = U52390HR2009PTC039614

Company & Directors' Information:- K B H AUTO PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC107258

Company & Directors' Information:- SUNDARAM & COMPANY LIMITED [Strike Off] CIN = U67120TN1942PLC002584

Company & Directors' Information:- A K M RETAIL PRIVATE LIMITED [Strike Off] CIN = U52599DL2006PTC150947

Company & Directors' Information:- BHARAT CORPORATION PVT LTD [Strike Off] CIN = U74999CH1946PTC001103

Company & Directors' Information:- INDIA PETROLEUM COMPANY LIMITED [Dissolved] CIN = U99999MH1936PTC002453

Company & Directors' Information:- R K AUTO INDIA PVT LTD [Strike Off] CIN = U99999DL2000PTC901836

    O.P. No. 789 of 2019

    Decided On, 14 February 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. SUNDAR

    For the Petitioner: O.R. Santhanakrishnan, Advocate. For the Respondent: K.M. Balaji, Advocate.



Judgment Text


(Prayer: Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 read with Rule 2 of the Appointment of Arbitrators of Madras High Court Scheme, 1996 to resolve the disputes between the petitioner and the respondent in terms of Clause 19(h) of the Dispensing Pump and Selling Licence Agreement dated 30.06.2004.)

1. Mr.O.R.Santhanakrishnan, learned counsel on record for petitioner and Mr.K.M.Balaji, learned counsel on record for sole respondent are before this Court.

2. Instant 'Original Petition' ('OP' for the sake of brevity) is inter alia under Section 11 of 'The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)', which shall hereinafter be referred to as 'A and C Act' for the sake of brevity and the prayer obviously is for appointment of an arbitrator.

3. Before proceeding further, this Court reminds itself of Duro Felguera principle [Duro Felguera S.A. vs. Gangavaram Port Limited reported in (2017) 9 SCC 729] and Mayavati Trading Principle [Mayavati Trading Pvt. Ltd., vs. Pradyuat Deb Burman reported in (2019) 8 SCC 714]. Relevant paragraphs in Duro Felguera case are Paragraphs 47 and 59, which read as follows:

'47. What is the effects of the change introduced by the Arbitration and Conciliation (Amendment) Act, 2015 (hereinafter referred to as 'the 2015 Amendment' ) with particular reference to Section 11(6) and the newly added Sectin 11(6-A) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as “the 1996 Act”) is the crucial question arising for consideration in this case.'

'59. The scope of the power under Section 11 (6) of the 1996 Act was considerably wide in view of the decisions in SBP and Co. (supra) and Boghara Polyfab (supra). This position continued till the amendment brought about in 2015. After the amendment, all that the Courts need to see is whether an arbitration agreement exists - nothing more, nothing less. The legislative policy and purpose is essentially to minimize the Court’s intervention at the stage of appointing the arbitrator and this intention as incorporated in Section 11 (6A) ought to be respected. '

(underlining made by this Court to supply emphasis and highlight)

4. Relevant paragraph in Mayavati Trading case is Paragraph 10 and the same reads as follows:

''10. This being the position, it is clear that the law prior to the 2015 Amendment that has been laid down by this Court, which would have included going into whether accord and satisfaction has taken place, has now been legislatively overruled. This being the position, it is difficult to agree with the reasoning contained in the aforesaid judgments, as Section 11(6-A) is confined to the examination of the existence of an arbitration agreement and is to be understood in the narrow sense as has been laid down in the judgment in Duro Felguera SA.'

(underlining made by this Court to supply emphasis and highlight)

5. In the light of aforesaid principles i.e., Duro Felguera and Mayavati Trading principles laid down by Hon'ble Supreme Court, all that this Court has to look into in instant Section 11 OP is the existence of an arbitration agreement between the parties and prima facie satisfaction about the existence of arbitration agreement between the parties. If this determinant is satisfied, this Court will proceed to appoint an arbitrator.

6. In the instant case, both the learned counsel submit without any disputation or contestation that the arbitration agreement between the parties is in the form of a covenant in 'Dispensing Pump and Selling Licence Agreement dated 30.06.2004' (hereinafter 'said agreement' for the sake of brevity) and that the relevant clause is Clause 19. In other words, Clause 19 in said agreement is the arbitration agreement between the parties being arbitration agreement within the meaning of Section 2(1)(b) read with Section 7 of A and C Act. Notwithstanding the language in which Clause 19 of said agreement is couched, learned counsel for petitioner fairly submits that an arbitrator can be appointed at the discretion of this Court. This makes the task of disposal of instant OP fairly simple.

7. Therefore, Mr.N.K.Vanan, Advocate, having address for service at Chamber No.329, New Additional Law Chambers, (2nd Floor), High Court Buildings, Chennai – 600 104 (Mob: 9444050416), is appointed as sole Arbitrator. Learned sole Arbitrator is requested to enter upon reference, adjudic

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ate upon the arbitral disputes that have arisen between the parties qua said agreement and pass an award in accordance with A and C Act. The arbitration shall be in the Arbitration Centre under the aegis of this Court and therefore, the arbitration shall be in accordance with the Madras High Court Arbitration Proceedings Rules, 2017 and the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees), Rules 2017. Instant OP disposed of on above terms. No costs.
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