Sony Pictures Networks (India) Pvt. Ltd v. K. Dhanush

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.24 OF 2016 Sony Pictures Networks (India) Pvt. Ltd.

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Applicant versus K. Dhanush ...

Respondent Ms. Mihika Jalan i/by M/s. Economic Laws Practice, for Applicant. Mr. Srihari Iyer, for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 14 th MARCH, 2016 P.C.:

1.

On 23 rd February, 2016 this Court passed the following order : "On 15 th February, 2016, this Court passed the following order :

1. "The learned Advocates appearing for the parties have informed the Court that the Court may appoint any Advocate as the sole Arbitrator to decide the disputes between the parties arising out of the License Agreement dated 16 th March, 2012. The Court proposes to appoint Dr. B.B.Saraf, Advocate. In view thereof, Dr. B.B.Saraf, Advocate shall submit disclosure under Section 11 (8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996.

2. The Advocates for the parties shall forward a copy of this order to Dr. B.B.Saraf, Advocate.

3. 3. All concerned to act on an ordinary copy of this order, duly authenticated by the learned Associate of this Court.

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4. 4. Stand over to 22 nd February, 2016".

2. However, Dr. B.B.Saraf, Advocate, has expressed his inability to act as an arbitrator in the matter. In view thereof, by consent of the parties, Mr. Astad Randeria, Advocate, is proposed to be appointed as a Sole Arbitrator to decide the disputes between the parties arising out of the License Agreement dated 16 th March, 2012. Mr. Astad Randeria, Advocate, shall submit his disclosure under Section 11(8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996.

3. The Advocates for the parties shall forward a copy of this order to Mr.

Astad Randeria, Advocate.

4. 4. All concerned to act on an ordinary copy of this order duly authenticated by the Associate of this Court. Stand over to 26 th February, 2016."

2.

Pursuant to the above order, Mr. Astad Randeria, Advocate has filed disclosure dated 25-02-2016 under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. The learned Advocates for the parties have gone through the Disclosure and have no objection to the same. The same is taken on record. In view thereof, the following order is passed by consent : i.

The disputes arising out of the License Agreement dated 16 th March, 2012 between the parties are referred to the sole Arbitration of Mr. Astad Randeria, Advocate.

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ii.

The parties shall appear before the learned Arbitrator in his chambers, on th March, 2016 at 5.30 p.m. and obtain necessary directions. iii.

The cost of arbitration shall initially be borne by the parties equally. iv.

All contentions of the parties are kept open. v.

The venue of Arbitration shall be at Mumbai.

3.

In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. ) 3/3