M/S.Thirupathi Brothers v. M/S.Sri Sai Ganesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18..02..2016 C O R A M The Hon'ble Mr. SANJAY KISHAN KAUL, Chief Justice Original Petition Nos.214 of 2015 M/s.Thirrupathi Brothers Film Media Pvt. Ltd., represented by its Director, Mr.Subash Chandra Bose, 16, Lamech Street, Janaki Nagar, Valasaravakkam, Chennai 600 087.

.. Petitioner versus M/s.Sri Sai Ganesh Productions Pvt., Ltd., represented by its Director, Mr.Bellamkonda Suresh, No.16-B, Road No.7, Film Nagar, Jubilee Hills, Hyderabad 500 034.

.. Respondent - - - - - Prayer : Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, for appointment of a Sole Arbitrator to resolve the disputes between the parties in terms of the Memorandum of Understanding dated 03.04.2012 and the subsequent agreement dated 24.11.2012.

- - - - - For Petitioner : Mr.M.L.Joseph for M/s.Chennai Law Associates.

- - - - -

O R D E R

Learned counsel for the respondent has entered appearance.

2. After some arguments, it is agreed that the question which the respondent seeks to raise about the existence and validity of the Arbitration Agreement will be left open to be examined by the Arbitrator.

3. In view of the aforesaid, by consent of parties, I appoint, Justice R.Balasubramanian, a retired Judge of this Court, as the sole Arbitrator to adjudicate the disputes between the parties in terms of the Momorandum of Understanding dated 03.04.2012. The arbitration proceedings will be conducted under the ageis of Madras High Court Arbitration Centre and the parties will be governed by the Rules of the Madras High Court Arbitration Centre (MHCAC) (Arbitration Proceedings) & (Administrative Cost and Arbitrators' Fees) Rules, 2014.

4. The original petition is accordingly allowed, leaving the parties to bear their own costs.

(S.K.K., CJ.) 18th February, 2016 ksr

The Hon'ble the Chief Justice (ksr) O.P. No.214 of 2015 18..02..2016