MKV AGENCIES Vs. TVS MOTORS COMPANY LTD

JUDGEMENT

(1.) The Claimant before the Arbitral Tribunal is the Petitioner before this Court. By Arbitral Award dated 08.04.2012(the Award), all the claims made by the Petitioner were rejected and the said Award is challenged by filing the present petition.

(2.) The dispute between the parties arises out of a Dealership Agreement dated 01.04.2003 relating to the establishment of a show room for the retail sale of two wheelers, which are manufactured by the First Respondent and sold wholesale to the Petitioner. It appears that the business relationship between the parties commenced even earlier and was carried on in terms of an earlier Dealership Agreement dated 08.03.1998. It is the admitted position that the Petitioner carried on the dealership business based on the Dealership Agreement dated 01.04.2003 until the business was closed in the year 2008. Pursuant to such closure, it appears that notices were issued on 07.06.2008 and 28.07.2008 requesting the First Respondent to settle the disputes arising out of such business and in view of the inability of the parties to settle the dispute amicably, an Arbitral Tribunal was constituted, as provided in the Dealership Agreement, to adjudicate the dispute. The Petitioner filed its Statement of Claim(SoC) before the said Arbitral Tribunal on 06.08.2009 and raised 17 claims for an aggregate sum of Rs.1,74,51,462/-. Upon completion of pleadings, the learned Arbitrator framed six issues, which are set out in Pages 290 and 291 of Volume -I of the documents filed by the Petitioner. Both parties, thereafter, adduced both oral and documentary evidence. The Petitioner/Claimant adduced evidence through Mr.K.V.Alegesan, C.W.1, and Exhibits C-1 to C-182 were marked through the said witness. The Petitioner/Claimant also examined Mr.T.N.Ramachandran, an Auditor, as C.W.2, and Mr.K.Nagarajan, as C.W.3, and Exs.C-183 to C-190 were marked through the said witnesses. All the three witnesses for the Petitioner/Claimant were cross examined by the learned senior counsel for the Respondent. Upon closure of the Petitioner's evidence, the Respondent adduced evidence by examining R.W.1(Mr.Murali) and Exhibits R-1 to R-23 were marked through the said witness. R.W.1 was subject to cross examination by the learned counsel for the Petitioner/Claimant. Thereafter, both parties made oral arguments and upon consideration of the pleadings, oral and documentary evidence and the oral arguments, the Award dated 08.04.2012 was pronounced by the Arbitral Tribunal.

(3.) I heard the learned senior counsel, Mr. Veeraraghavan Ramakrishnan, assisted by Mr.Vivek Menon, on behalf of the Petitioner and Mr. M.S.Krishnan, the learned senior counsel appearing for M/s.Sarvabhauman Associates on behalf of the First Respondent.