SHANTHI Vs. SENIOR REGIONAL MANAGER

JUDGEMENT

(1.) This petition has been filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (for the sake of brevity, hereinafter referred to as 'the Act') to decide the dispute that has arisen between the parties under the Dealership Agreement dtd. 25/2/2015.

(2.) When this petition came up for hearing on 10/12/2025, this Court passed the following order: This petition has been filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the Act] to appoint an arbitrator to resolve the dispute arising out of the Dealership Agreement dtd. 25/2/2015. 2. The agreement provides for referring the dispute for Arbitration under clause 66 and the same is extracted hereunder:-

(3.) After the service of notice, the respondents have filed counter affidavit. The respondents have taken a stand that the Dealership Agreement dtd. 25/2/2015 was valid only for a period of ten years and this period has already come to an end by efflux of time. The respondents have also raised the issue of limitation on the ground that the Dealership Agreement was terminated on 10/6/2021 and whereas, this petition has been filed only in the year 2025. Hence, the respondents have sought for the dismissal of this petition on the ground of all delay and laches. The respondents have also taken a stand that the grievance of the petitioner revolves around the restoration of the dealership and for the continuance of the same and that this relief itself cannot be granted, since the Agreement has already come to an end by efflux of time. On all these grounds, the respondents have sought for the dismissal of this petition.