AI Structured Summary
Not yet generated for this judgment
Judgment
This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, the Act of 1996) for appointment of sole Arbitrator.
Vide order of even date in MCC No. 903/2026, this arbitration request petition was restored to file.
As would reveal from the application under Section 11(6) of the Act of 1996, the applicant entered into an agreement with the respondent on 01.11.2008 for dealership of Indian Oil Corporation Limited retail outlet in the name and style of M/s. Chhattisgarh Fuels (SAP Code 170763), Transport Nagar, Hathkhoj, Bhilai, District Durg, since 01.11.2008.
There arose some dispute arising out of the agreement, hence, this application has been filed for appointment of the sole arbitrator in terms of clause 61(a) of the agreement at Annexure A/1.
Clause 61(a) of the agreement reads as under:
“61(a) Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set-off or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the sole arbitration of the Director (Marketing) of the Corporation who may either himself act as the Arbitrator or nominate some other officer of the Corporation to act as the Arbitrator. The Dealer will not be entitled to raise any objection to any such aribtrator on the ground that the Arbitrator is an officer of the Corporation. xxx xxx xxx”
This Court, vide order dated 01.09.2026, appointed Hon’ble Mr. Justice Radhakishan Agrawal, a former Judge of this High Court as the sole Arbitrator to arbitrate the dispute but he has expressed his inability to take up and conduct the arbitration proceedings which would reveal from the note-sheet dated 18.09.2026 prepared by the Private Secretary of the learned Arbitrator. Accordingly, MCC was registered on office reference.
This Court, taking note of the note-sheet as stated above, restored this arbitration request petition to file for appointment of another Arbitrator to arbitrate the dispute.
Upon hearing learned counsel for the parties and on consent, this Court appoints Hon’ble Mr. Justice R.C.S.Samant, a former Judge of this High Court to be the sole Arbitrator to arbitrate the dispute in terms of agreement at Annexure A/1.
Relevant records shall be sent to Hon’ble Mr. Justice R.C.S.Samant for necessary action at his end.
The remuneration of the Arbitrator shall be settled with the mutual consent of the parties.
The Arbitration Request Application is disposed of accordingly.