Tsr Films Private Limited v. Ufo Moviez India Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE O.A. No.198 of 2025 and Arb.Appln. No.393 of 2025 TSR Films Private Limited .. Applicant in both cases vs UFO Moviez India Limited .. Respondent in both cases

ORDER

Both the counsels, on instructions, have made a joint endorsement in the court bundle agreeing for the appointment of Hon'ble Mr.Justice M.Sathyanarayanan, Former Judge of this Court, as the Sole Arbitrator to adjudicate the dispute between the parties arising out of the Advertisement Agreement dated 23.12.2023.

2.Learned counsel for the applicant submits that these applications filed under Section 9 of the Arbitration and Conciliation Act, 1996, which are pending before this Court, can be treated as applications filed under Section 17 of the Arbitration and Conciliation Act, 1996 and can be adjudicated by the Sole Arbitrator.

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3.No prejudice would be caused if these Section 9 applications are transferred to the file of the Sole Arbitrator and treated as Section 17 applications, to enable the Arbitrator to adjudicate the same, on merits and in accordance with law.

4.For the foregoing reasons, these applications are disposed of by issuing the following directions:

a)After recording the endorsement made by both the counsels, on instructions, this Court appoints Hon'ble Mr.Justice M.Sathyanarayanan, Former Judge of this Court as the Sole Arbitrator to adjudicate the dispute between the applicant and the respondent, arising out of the Advertisement Agreement dated 23.12.2023;

b)These applications are transferred to the file of the Sole Arbitrator and shall be treated as applications filed under Section 17 of the Arbitration and Conciliation Act, 1996. The Sole Arbitrator shall decide those applications, on merits and in accordance with law by exercising his power under Section 17 of the Arbitration and Conciliation Act, 1996.; c)The Arbitrator shall be paid his remuneration/fees in accordance with the 4th Schedule of the Arbitration and Conciliation Act, 1996; 2/4

d)Both the parties shall equally share the Arbitrator's fees; e)The Arbitrator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act. Registry is directed to transfer the entire file to the Sole Arbitrator within a period of two weeks from the date of receipt of a copy of this order. 03.06.2025 vga 3/4

ABDUL QUDDHOSE,J.

vga O.A. No.198 of 2025 and Arb.Appln. No.393 of 2025 03.06.2025 4/4