C.S.Padam Chand v. K.Shibu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P.No.7629 of 2023 in Mr.C.S.Padam Chand S/o.Late S.Chain Raaj Jain ... Appellant Vs.

1.

K.Shibu Proprietor of Thameen Films No.42/2 Avanthika Aparment Flat No.F1, Vellalar Street Kodambakkam, Chennai-600 024.

2.

M/s.H.R.Pictures Rep. by its Managing Partner Mrs.Mumthas Muhammad TC 89/2951-1, Thycaud PO Thiruvananthapuram - 695 014 and Branch Office at 29B Gandhi Nagar Main Road Alwarthirunagar, Valasaravakkam Page Nos.1/5

Chennai-600 087.

.. Respondents Original Side Appeal filed under Section 13 of Commercial Courts Act, 2015 read with Section 37 of Arbitration and Conciliation Act, 1996, praying to set aside order of learned Judge passed in O.A.No.131 of 2023 dated 23.02.2023 on the file of the Original Side, Madras High Court and consequently, allow this appeal.

For Appellant :

Ms.R.Madhumitha M/s.My Lord Law Associates For Respondents :

Mr.T.Thiageswaran M/s.Waraon and Sai Rams for R2 *****

J U D G M E N T

[Judgment of the Court was made by M.SUNDAR, J.,] When the matter was taken up, Ms.R.Madhumitha, learned counsel of M/s.Waraon and Sai Rams (Law Firm) for the appellant in captioned 'Original Side Appeal' {hereinafter 'OSA' for the sake of brevity} and for petitioner in 'Civil Miscellaneous Petition' {hereinafter 'CMP' for the sake of brevity} thereat sought leave of this Court to withdraw the captioned OSA and captioned CMP saying that arbitration proceedings have commenced. Learned counsel made endorsements in the case file and scanned Page Nos.2/5

reproduction of the same are as follows:

Endorsement in O.S.A(CAD)No.31 of 2023:

Endorsement in C.M.P.No.7629 of 2023:

2. Mr.T.Thiageswaran, learned counsel of M/s.Waraon and Sai Rams (Law Firm) for R2 is before this Court.

3. Though R1 has entered appearance through counsel and name of learned counsel (Mr.P.Dinesh Kumar) is duly shown in the cause list, there Page Nos.3/5

is no representation.

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk

4. In the light of the narrative thus far, captioned OSA and captioned CMP thereat are disposed of as withdrawn / closed albeit preserving all rights and contentions (including contentions raised in the captioned OSA and captioned CMP) qua arbitral proceedings which both sides say (i.e., appellant and R2) have commenced. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 21.08.2024 Index : Yes / No Speaking / Non-speaking mk To The Sub-Assistant Registrar Original Side High Court, Madras.

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