BEFORE THE HONOURABLE ARBITRATION TRIBUNAL

(HONOURABLE PRESIDING ARBITRATOR JUSTICE MR. J. KANAKRAJ,

HONOURABLE MEMBER ARBITRATOR JUSTICE MR. G. M. AKBAR
ALI & HONOURABLE MEMBER ARBITRATOR MR. RAJKAMAL
SINGH.
IN THE MATTER OF:
ARBITRATION PROCEEDINGS ARISING OUT OF THE DEALERSHIP
AGREEMENT BETWEEN CLAIMANT & THE RESPONDENT.
CLAIMANT: : M/s. AKG Cars Private Limited.
Versus
RESPONDENT : M/s. Nissan Motor India Private Limited.
APPLICATION FOR DIRECTING THE RESPONDENTS TO
PROVIDE DEALER TRANSACTION ACCOUNTS AND TO
OPEN WEB PORTAL EXCLUSIVELY MAINTAINED BY THEM
FOR THE DEALER TRANSACTIONS.

It is most humbly submitted on behalf of the applicant as under:-

01. That, the present matter relates to Claims by applicant on account

of arbitrary termination of dealership agreement by the
respondent.

02. That, in view of reply submitted by the respondents the claimant

is now required to submit the accounts related with the issues
involved in the matter.

03. That, the respondent maintains a web portal exclusively under

it’s control and command for the dealers where almost all the
details pertaining to transactions, stock, inventory, sales and
service etc pertaining to the cars, spares etc are jointly
maintained by the respondent and its dealers.

04. That, after termination of the dealership the respondent has d by

completely restricted the access to the said web portal for the
Claimant. In such a situation the issues those can be settled by
this honourable Tribunal by verifying the common record
maintained by parties jointly on the said web portal are not
accessible to the claimant therefore, it is quite difficult for the
Claimant to submit the complete accounts before this honourable
Tribunal.

05. That, all the above is in exclusive control and command of the
respondent which cannot be accessed by Claimant unless
authorised by the respondent.
06. That, in view of above, it is in the interest of justice that, the
respondent is directed to furnish the complete accounts
pertaining to the Claimant’s dealership and to allow the Claimant
to have access to their accounts and communications at the
aforesaid web portal maintained by the respondent.

PRAYER: Accordingly it is most humbly prayed that, the respondent

may please be directed to furnish the complete accounts pertaining to
the Claimant’s dealership and to allow the Claimant to have access to
their accounts and communications at the aforesaid web portal
maintained by the respondent.

Chennai Dated 23rd February 2019.

A. Damodaran
Counsel for the Claimant.