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Madras High CourtA/1902/2015closed

M/S. Gemini Industries & v. M/S. Dream Theatres

2021-04-07Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 07TH DAY OF APRIL 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.No.1902 of 2015 and O.A.No.43 of 2015 In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Agreement dated 12.08.2012 Between the M/s. Gemini Industries & Imaging Ltd and M/s.

Dream Theatres.

M/s.Gemini Industries & Imaging Ltd., Rep. By its Managing Director, Mr.A.Manohar Prasad, Having its Registered Office at No.28, New Bangaru Colony, West K.K.Nagar, Chennai - 600 078 : Applicant in both applications Vs.

M/s.Dream Theatres, Rep. By its Prop Mr.P.Cheran, S/o Pandian, No.9A, Sivasailam Street, Bahibulla Road, T.Nagar, Chennai - 600 017 : Respondent in both applications

A. No.1902 of 2015:- Application praying that this Hon'ble Court be pleased to pass an order appointing an Advocate Commissioner to seize and retain all DVD's of the Tamil Film (Viz) "JK ENUM NANBANIN VAZHKAI" in possession of the Respondent, his Distributors, stocklists, agents, retailers, representatives, dealers that are currently available at M/s.Dream Theatres, No.9A, Sivasailam Street, Bahibulla Road, T.Nagar, Chennai-600 017 or at such other places wherever it is found along with police aide pending disposal of the above Arbitration proceedings. O.A.No.43 of 2015:

Original Application praying that this Hon'ble Court be pleased to pass an Ad-Interim Injunction restraining the Respondent, his agents or any one claiming through him in any manner from releasing the Tamil Film titled "JK ENNUM NANBANIN VAZKAI" on 15.01.2015 or on any other date in any format particularly in DVD format without settling the due amount of Rs.3,26,73,786/- pending disposal of the Arbitration proceedings. This Application and Original Application coming on this day before this court for hearing the court made the following order: These application have been filed for appointment of Advocate Commissioner to seize and retain all DVDs of the Tamil Film viz "JK Enum

Nanbanin Vazhkai" in possession of the respondent and his agents and for interim injunction restraining the respondent and his agents from releasing the said Tamil Film.

2. It is submitted by the learned counsel appearing for the applicant that award has already been passed in this matter.

3. In such view of the matter, this Court is not inclined to pass any orders in these applications and the applicant has to work out the remedy to execute the award. Accordingly, these applications are closed. Sd/.N.S.K.J.

07.04.2021 //Certified to be a true copy// Dated this the th day of 2021. su.15.04.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.