Shraddha Entertainment, Rep.By Its Partner Badri Kasturi, v. M/S. Kondaduvom Entertainment, A Partnership Firm, Rep.By Its Partner Mr.Gautham Vasudev Menon

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2021 CORAM :

THE HONOURABLE Ms.JUSTICE P.T. ASHA and A.Nos.1398 and 1399 of 2020 M/s.Shraddha Entertainment Rep by its Partner Badri Kasturi No.2, Seaface Road, Palavakkam, Chennai 600 041 ...

Petitioner versus

1. M/s.Kondaduvom Entertainment, A partnership Firm, rep by its, Partner Mr.Gautham Vasudev Menon, 69-A, Habibullah Road, T.Nagar, Chennai 600 017.

2. Mr.Goutham Vasudev Menon

3. Ms.A.Reshma Ghatala

4. S.Venkataramanan

5. Madan Pandy ...

Respondents Prayer: Original Application filed under Order XIV Rule 8 of O.S.Rules read with Section 9(i)(ii)(d) of the Arbitration and Conciliation Act, 1996, (a) to direct the respondents 1 to 5 to disclose the names and details of all banks where they hold any account whatsoever operated by them either 1/5

individually or jointly with one another or with 3rd parties, in their names or in the names of their proprietary concerns, firms, companies and file statements of all such accounts from 1st July 2016 till 25th May 2020 pending disposal of the proposed arbitral proceedings (b) to grant an injunction restraining the respondents 1 to 5 from opening or operating ANY Bank account, either in their individual or joint names and / or in the names of any entity in which any or all of them are in control, subject to further orders of this Court.

For Petitioner : Mr. R.Murugan for M/s.Rugan and Arya For Respondent : Mr.Arun Pradeesh for M/s.AAV Partners

O R D E R

In the above matter, this Court was pleased to appoint Hon'ble Mr.Justice K.Kannan (Retd), former Judge of this Court / Punjab and Haryana High Court as an Arbitrator to enter upon reference, adjudicate and pass an award with regard to all arbitrable disputes between the parties herein. However, by his letter dated 22.03.2021, the learned Arbitrator has recused from the proceedings and returned the papers. 2/5

2.

Considering the fact that an Arbitrator has already been appointed by this Court, this Court is appointing Hon'ble Mr.Justice, N.Paul Vasanthakumar, retired Chief Justice of the Jammu and Kashmir High Court, residing at 'ASHIRVADH', No.24A, II Street, Kamaraj Avenue, Adyar, Chennai - 600 020, E.Mail I.D: justicenpv@gmail.com Mob:94443 90958 as an Arbitrator.

i) The arbitrator may, after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of entering reference. It is open to the respondent to raise all legal objections as to the validity of contract. ii) The arbitrator is at liberty to fix the remuneration and other incidental expenses as per law.

iii) The proceedings may be conducted under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.

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3. The Original Petition is allowed leaving the parties to bear their own costs.

29.03.2021 Speaking Order / Non-speaking Order Index : Yes / No Internet : Yes srn Copy to Hon'ble Mr.Justice.N.Paul Vasanthakumar, retired Chief Justice of the Jammu and Kashmir High Court, 'ASHIRVADH', No.24A, II Street, Kamaraj Avenue, Adyar, Chennai - 600 020, 4/5

P.T.ASHA.J srn and A.Nos.1398 and 1399 of 2020 29.03.2021 5/5