Laqshya Media Limited v. Corporation Of Chennai And 3 Others

M.SUNDAR, J This common order will govern the captioned three applications. Mr.K.Doraisami, learned Senior Advocate instructed by Mr.Kandhan Duraisami, learned counsel on record for applicant in all the three applications is before this Court. Ms.Karthikaa Ashok, learned Standing Counsel for Chennai Corporation, who was present in Court accepted notice for all the respondents in all the three applications.

2. Captioned three applications were taken up with the consent of both sides as this Court is informed that similar matters turning on Concession Agreements came up earlier before this Court vide O.A.Nos.20 to 22 of 2022 and Hon'ble Predecessor Judge made interim orders dated 20.01.2022 and 24.01.2022 and disposed of the applications vide order dated 03.02.2022. These three sequential orders read as follows: 1/19

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3. As there is no disagreement as between counsel on either side that the facts are similar qua aforementioned orders and cases on hand it is not necessary to dilate much on facts and it will suffice to say that the applicant was awarded contracts for putting up bus shelters; that the Concession Agreements were executed; that the work commenced; that thereafter the Goods and Services Tax (GST) regime kicked in on 01.07.

aforementioned O.A.Nos.20 to 22 of 2022; that certain applications under Section 17 of 'the Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity] have been moved before AT; that the captioned applications under Section 9 have now been presented in this Court inter alia under pain of / imminent threat of invocation of Bank Guarantee and disruption of work.

4. As already alluded to supra, as there is no disagreement that the facts are similar, it is not necessary to dilate on facts in greater detail. Both sides consented that most efficacious option would be similar interim orders in the captioned Section 9 applications and reference of the arbitrable disputes to the same Hon'ble sole Arbitrator. In the light of such consent / consensus, the following common order in the captioned three applications is made: a) There shall be interim orders as prayed for in captioned three applications subject to payment of 25% of the amount demanded by Chennai Corporation in the respective demand notices within a period of three weeks from today i.e., on or before 28.04.2022;

b) The above interim order will operate for six weeks from today i.e., upto 19.05.2022 subject of course to the aforementioned condition being complied;

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c) Hon'ble Mr.Justice M.Sathyanarayanan, a retired Judge of this Court at Old No.9, New No.5/1, 2nd Avenue, 2nd Extension, Indira Nagar, Adyar, Chennai - 600 020 (Mobile No.94980 22255) is appointed as Arbitrator and Hon'ble Arbitrator is requested to enter upon reference, adjudicate upon the lis between the parties qua Concession Agreements between the parties out of which the captioned applications arise and render an award; d) It is open to the Hon'ble Arbitrator to hold simultaneous or joint sittings for the present arbitration and Arbitration qua aforementioned O.A.Nos.20 to 22 of 2022;

e) Interim orders that are now being granted in the captioned applications has a life of six weeks i.e., upto 19.05.2022. In the interregnum, it is open to the applicant to make same/similar prayers before the Hon'ble Arbitrator (AT) under Section 17 of A and C Act; f) If the applicant makes same/similar prayers or present copies of the same applications with a request to treat the same as one under Section 17 of A and C Act, though obvious it is made clear that for the sake of specificity that the Hon'ble sole Arbitrator (AT) shall deal with the same on its own merits and in accordance with law;

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g) The above limb of the order means that Hon'ble Arbitrator (AT) can suitably vary this interim order at his discretion notwithstanding this being a judicial order as the decision would depend on submissions made on either side on merits; h) As a matter of judicial discipline, following the order made by Hon'ble predecessor Judge, this Court deems it appropriate to have it to Hon'ble sole Arbitrator to fix his fees and expenses qua arbitral proceedings;

All three captioned applications are disposed of in the aforesaid manner. There shall be no order as to costs.

07.04.2022 gpa/nsa Note:

1. Registry to upload the order forthwith

2. Registry to communicate this order forthwith to Hon'ble Mr.Justice M.Sathyanarayanan (Retd.,) Old No.9, New No.5/1, 2nd Avenue, 2nd Extension, Indira Nagar, Adyar, Chennai - 600 020.

Mobile No.94980 22255 18/19

M.SUNDAR.J., gpa 07.04.2022 19/19