w w w . L a w y e r S e r v i c e s . i n



The Chief General Manager [LPG], Tamil Nadu State Office, Indian Oil Corporation Ltd. & Another v/s M/s. Shri Vijaya RGGLV Indane Gas Services, Represented by its Partner J. Sathyaraj, Indane Distributor


Company & Directors' Information:- INDIAN OIL CORPORATION LIMITED [Active] CIN = L23201MH1959GOI011388

Company & Directors' Information:- OIL INDIA LIMITED [Active] CIN = L11101AS1959GOI001148

Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- INDIAN GAS LIMITED [Active] CIN = U23203TN1997PLC037530

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- S R P OIL PVT LTD [Active] CIN = U23209DL1996PTC303594

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- GAS CORPORATION INDIA LIMITED [Strike Off] CIN = U40200BR1993PLC005536

Company & Directors' Information:- GENERAL SERVICES CORPORATION PRIVATE LIMITED [Active] CIN = U72900WB2000PTC091368

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- M K S OIL PRIVATE LIMITED [Active] CIN = U23201DL2013PTC250459

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- OIL CORPORATION OF INDIA PRIVATE LIMITED [Active] CIN = U15133UP1952PTC002471

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- O.I.L PRIVATE LIMITED [Active] CIN = U15400DL2013PTC255692

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- B R DISTRIBUTOR PRIVATE LIMITED [Strike Off] CIN = U51109UP1999PTC024372

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- THE INDIAN CORPORATION PRIVATE LIMITED [Active] CIN = U65993TN1946PTC000988

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- P P OIL PRIVATE LIMITED [Active] CIN = U15141MH1999PTC117925

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- S U DISTRIBUTOR PRIVATE LIMITED [Strike Off] CIN = U51909WB2014PTC201869

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- J N D SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC264620

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B F OIL PRIVATE LIMITED [Strike Off] CIN = U15141DL1993PTC052160

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- VIJAYA SERVICES LIMITED [Not available for efiling] CIN = U99999MH1946PTC010372

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

Company & Directors' Information:- THE GENERAL SERVICES LIMITED [Strike Off] CIN = U74140KA1938PLC000236

Company & Directors' Information:- VIJAYA CORPORATION LIMITED [Dissolved] CIN = U74999KL1950PLC001331

Company & Directors' Information:- GENERAL CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC007742

    O.P. No. 18 of 2021 & A.No. 51 of 2021

    Decided On, 04 February 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. SUNDAR

    For the Petitioners: AL. Somayaji, Senior Advocate instructed by Vijaya Mehanath of M/s. AAV Partners (Law Firm), Advocates. For the Respondent: M.K. Kabir, Senior Counsel instructed by S. Vijayakumar, Advocate.



Judgment Text

(Prayer: Petition filed under Section 34(2)(B)(ii), Explanation 1 and (ii) and (iii) and 2(A) and (B) (2) of the Arbitration and Conciliation Act, 1996, as amended in 2019, praying to set aside the Arbitration Award dated 31.12.2019 passed by the Learned Arbitrator, which had arisen out of the dispute between the petitioners and the respondent in so for allowing the claims of the Respondent is concerned and also in disallowing the claims of the Petitioners.)1. Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 25.01.2021, which reads as follows:'Mr.A.L.Somayaji, learned Senior Advocate instructed by Mr.M.Vijaya Mehanath of M/s.AAV Partners (Law Firm) on behalf of petitioners and Mr.S.Vijayakumar, learned counsel for sole respondent are before me in this web hearing on a video conferencing platform.2. Learned counsel for caveator (to be noted, sole respondent has lodged caveat) is before me in this web hearing on a video conferencing platform.3. When the matter was taken up, an interesting question regarding jurisdiction propped up qua Arbitration agreement between the parties. To be noted, arbitration agreement in the case on hand i.e., arbitration agreement within the meaning of Section 2(1)(b) read with Section 7 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' which shall hereinafter be referred to as 'A and C Act' for the sake of convenience and clarity is Clause 37 of an agreement dated 24.08.2015 and that Clause 37 reads as follows:'37 (a) All questions, disputes and differences arising under or in relation to this Agreement shall be referred to the sole arbitration of the Director (Marketing) of the Corporation. If such Director (Marketing) is unable or unwilling to act as the sole arbitrator, the matter shall be referred to the sole arbitration or some other officer of the Corporation by such Director (Marketing) in his place, who is willing to act as such sole arbitrator. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the Corporation and may be shareholder of the Corporation. The arbitrator to whom the matter is originally referred, whether the Director (Marketing) or officer, as the case may be on his being transferred or vacating his office or being unable to act, for any reason, the Director (Marketing) shall designate any other person to act as arbitrator in accordance with the terms of the Agreement and such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also the term of this Agreement that no person other than the Director (Marketing) or the person designated by the Director (Marketing) as aforesaid shall act as arbitrator. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the Agreement and provisions of the Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the Rules made thereunder and for the time being in force shall apply to the arbitration proceedings under this clause.(b) The parties hereby agree that the Court in City of TRICHY alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any awards made by the Sole Arbitrator or other proceedings in respect of anything arising under this Agreement.'4. 'Arbitral Tribunal' [hereinafter 'AT' for the sake of convenience and clarity] was constituted by a sole Arbitrator, who is a former Hon'ble Judge of this Court and he was appointed vide order dated 01.02.2019 made in O.P.No.1119 of 2018.5. Pursuant to the aforementioned order, AT conducted arbitral proceedings in the Madras Arbitration Center under the aegis of this Court.6. Be that as it may, sub-clause (b) of Clause 37 supra, now raises the interesting question regarding jurisdiction. The question is whether captioned OP should be heard by this Court or it ought to have been filed in the jurisdictional District Court in the City of Trichy.7. In the light of the above, this Court is inclined to issue notice and Mr.S.Vijayakumar, learned counsel accepts notice on behalf of sole respondent.8. Learned Senior Advocate and learned counsel who has accepted notice on behalf of sole respondent seek time to examine this position and make submissions in the next listing. Be that as it may, though obvious, it is made clear that this jurisdiction issue will be taken up first in the next listing. 9. List under the caption 'FOR FINAL DISPOSAL/ARGUMENTS' on 04.02.2021.'2. Today, in this web hearing on a video conferencing platform i.e., virtual court Mr.A.L.Somayaji, learned senior Advocate instructed by Mr.M.Vijaya Mehanath of M/s.AAV Partners [Law Firm] on behalf of the two petitioners and Mr.M.K.Kabir, learned senior counsel instructed by Mr.S.Vijayakumar, learned counsel on record for sole respondent are before me.3. Adverting to aforementioned earlier proceedings dated 25.01.2021, both learned senior counsel on instructions, submit in unison that a supervisory Court with exclusive jurisdiction is the Court in the city of Chennai.4. In continuation of earlier proceedings made in previous listing on 25.01.2021, it will suffice to say that in Indus Mobile Distribution Private Limited Vs. Datawind Innovations Private Limited and Others reported in (2017) 7 SCC 678, Hon'ble Supreme Court has made it clear that 'place' occurring in sub sections (1) and (2) of Section 20 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of brevity] is 'Seat' i.e., juridical seat and 'place' occurring in sub section (3) of Section 20 of A and C Act is 'Venue'.5. Further in BGS SGS SOMA JV Vs. NHPC Limited reported in (2020) 4 SCC 234, Hon'ble Supreme Court has held that when juridical seat has been agreed upon by parties by exercise of party autonomy, it becomes exclusive jurisdiction qua Supervisory Court.6. In this regard, judgments of Hon'ble Supreme Court being Mankastu Impex Private Limited Vs. Airvisual Limited reported in (2020) 5 SCC 399 and Hindustan Construction Company Limited Vs. NHPC Limited and another reported in (2020) 4 SCC 310 are also of relevance as BGS SGS SOMA principle i.e., seat determines exclusive jurisdiction of supervisory court.7. In the light of the law laid down by Hon'ble Supreme Court in the aforementioned case laws, both learned senior counsel submit that Clause 37 more particularly sub clause (b) of Clause 37 of the contract between the parties being agreement dated 24.08.2015 sets out the juridical seat. Both learned senior counsel also submit without any disputation and disagreement that aforementioned Clause 37 of the agreement dated 24.08.2015 serves as 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 as articulated by this Court in paragraph 3 of earlier proceedings made in the listing on 25.01.2021 (to be noted entire 25.01.2021 proceedings has been extracted and reproduced supra).8. Common submission made in unison by both sides is, captioned OP may be rejected on the ground of lack of territorial jurisdiction albeit preserving the rights of the petitioners to present a similar/same captioned OP in the jurisdictional Court i.e., Court in the City of Trichy. Though obvious, it is made clear that if the petitioners choose to approach the jurisdictional supervisory Court, the said Supervisory Court shall deal with the matter on its own merits and in accordance with law uninfluenced by anything expressed in this

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order except the articulation expressing lack of territorial jurisdiction for this Court qua captioned OP.9. Senior counsel for petitioners makes a request that the papers constituting the case file including the original impugned award may please be returned to the counsel on record for petitioners for the purpose of presentation in the jurisdictional Supervisory Court. Registry is directed to return the papers to the counsel on record on a written request from counsel on record for petitioners at the earliest and in any event, within eleven (11) days from today i.e., on or before 15.02.2021. To be noted, Registry to return original impugned award also, under due acknowledgement.10. Captioned Original Petition rejected albeit of on above terms. There shall be no order as to costs. Consequently, connected Application No.51 of 2021 is closed.
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