Madras High CourtArb Appln/549/2025allowed

Easa Krupa Engineering Private Limited v. Actc Studio Private Limited

2025-09-04Honourable Mr Justice N. Anand Venkatesh10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND Arb Appln NO. 822 OF 2025

1. Easa Krupa Engineering Private Limited G1 Land Marvel Apartment, 1st Street Sriram Nagar, Thiruvanmiyur, Chennai 600 041 Applicant(s) Vs

1. ACTC Studio Private Limited Represented by its Director Mr.Raja Hemanth, No.5/46, 3rd Street, AC Block, 6th Main Road, Anna Nagar, Chennai 600 040.

2.Raja Hemanth Office At No 5 46 3rd Street Ac Block 6th Main Road Anna Nagar Chennai 600 040 Residing At 2b Paradise By The Bay 3rd Avenue Valmiki Nagar Thiruvanmiyur Chennai 600 041 3.Eternal Limited (formerly Zomato Limited) Represented By Its Director District By Zomato, Having Registered Office At Ground Floor

12-a, 94 Meghdoot, Nehru Place, South Delhi, New Delhi 110 019.

4.PayTm Insider Represented By Its Director Mr.shreyas Srinivasan, Wasteland Entertainment Private Limited, 102, 103, 104, 105, 1st Floor, Enterprise Centre Vile Parle (east) Mumbai, Maharashtra, India 400 099.

5.Actc Events And Activations Private Limited Represented By Its Director Raja Hemanth, No.e 140, 5th Main Road, Kamaraj Nagar, West, Tiruvanmiyur, Chennai 600 041.

Respondent(s) Arb Appln No. 822 of 2025

1. Easa Krupa Engineering Private Limited Represented by its Director Mr Rathish Jayapal G1, Land Marvel Apartment 1st Street, Sriram Nagar, Thiruvanmiyur,Chennai-600 041 Appellant(s) Vs

1. ACTC Studio Pvt Ltd Represented by its Director Mr Raja Hemanth 2.Raja Hemanth No.5/46, 3rd Street, AC Block, 6th Main Road, Anna Nagar, Chennai600 040 Residing at 2B Paradise By the Bay, 3rd Avenue, Valmiki Nagar, Thiruvanmiyur, Chennai-

600 041 3.ACTC Events and Activations Private Limited Represented by its Director Raja Hemanth No.E 140, 5th Main Road, Kamaraj Nagar West, Tiruvanmiyur, Chennai, 600 041 4.Big Tree Entertainment Pvt Ltd Represented by its Director Mr Shreyas Srinivasan Wajeda House, Ground Floor, Gulmour Cross Road, 7, Near Tian Restaurant, Juhu Scheme, Mumbai- 400 049.

Respondent(s) PRAYER To pass a prohibitory order against the Respondents 3, 4 and 5/Garnishees, prohibiting them from paying any amount to the tune of Rs.8,21,47,856/- or any part thereof, to the 1st Respondent and consequently direct the Respondents 3, 4 and 5/Garnishees to deposit the said amount to the credit of this application within a time to be fixed by this Honble Court, pending disposal of present Application. Arb Appln No. 822 of 2025 PRAYER To pass a prohibitory order against the Respondents 3 and 4/Garnishees, prohibiting them from paying any amount to the tune of Rs.8,21,47,856/- (Rupees Eight Crores Twenty One Lakhs Forty Seven Thousand Eight Hundred and Fifty Six Only) or any part thereof, to the 1st Respondent and consequently direct the Respondents 3 and 4/Garnishees to deposit the said amount to the credit of this Application within a time to be fixed by this Court, pending disposal of present Application For Appellant(s):

M/S.B.Arvind Srevatsa For Respondent(s):

Arb Appln No.822 of 2025 M/s.A.Asif Basha for R1 and

R2 Arb Appln No.549 of 2025 R1 and R2 Set exparte Navod Pasannan for R3 Vijay R Sekar for R4 COMMON ORDER These applications have been filed to pass prohibitory order against the Garnishees prohibiting them from paying any amount to the 1st respondent and consequently, direct the Garnishees to deposit the amount to the credit of these applications.

Heard Mr.B.Arvind Srevatsa, learned counsel for the petitioner and the respective learned counsel for respondents. 3.

The applicant and the 1st respondent had a dispute which ultimately was referred to the Arbitral Tribunal. They entered into a Memorandum of Understanding and in that memo, one Raja Hemnath, who is the Director of the 1st respondent company in Arbitration Application No.822 of 2025 was also a party. Based on the Memorandum of Understanding, a consent award dated 15.10.2024 was passed.

The grievance of the applicant is that as per the consent award, the 1st respondent and its Director are supposed to make the payments in five installments spanning from 07.09.2024 and ending with 19.02.2026. However, only the first tranche of a sum of Rs.1,28,52,144/- came to the credit of the applicant and the 2nd and 3rd trench payments never went through. In the meantime, it came to the notice of the applicant that the 1st respondent held a music concert at Bengaluru on 15.03.2025 and at Vishakapatinam on 19.04.2025 and the amounts are payable by the Garnishee to the 1st respondent. Since the 1st respondent and its director did not comply with the schedule of payments in the consent award, the present application has been filed to prohibit the garnishees from making the payment to the 1st respondent and for a further direction to the Garnishees to deposit the amount to the credit of these applications. 5.

The 4th respondent in application No.549 of 2025 has filed an affidavit stating that whatever amount was due and payable to the 1st respondent has been settled in the year 2023 itself and there is no amount that is due and payable as on date. Insofar as the other Garnishees are concerned, they have not come forward to file any affidavit before this Court.

The consent award passed by the Arbitral Tribunal has become final. The 1st respondent has also not chosen to challenge the award. The 1st respondent has defaulted in the agreed schedule of payment to be made to the applicant. Therefore, by the time, the execution proceedings are initiated, the applicant wants some protection to ensure that the monies that are payable by the Garnishees to the 1st respondent is protected. 7.

This Court finds that the applicant has made out a prima facie case and the balance of convenience is in favour of the applicant and if the garnishees are allowed to pay the amount to the 1st respondent and its director, the applicant will find it very difficult to recover the amount and they will be put to irreparable loss and hardship.

In the light of the above discussion, there shall be a direction to the Garnishees (Except R4 in application No.549 of 2025) to deposit the amount that is due and payable to the 1st respondent and its director to the credit of these applications. They are prohibited from making the payments directly to the 1st respondent

and its director. There shall be a further direction to the applicant to execute the award in order to effectively recover the amount from the 1st respondent and its Director.

Both the applications are allowed in the above terms. No costs.

04-09-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.ACTC Studio Private Limited Represented by its Director Mr.Raja Hemanth, No.5/46, 3rd Street, AC Block, 6th Main Road, Anna Nagar, Chennai 600 040.

4.Pay Tm Insider Represented By Its Director Mr.shreyas Srinivasan, Wasteland Entertainment Private Limited, 102, 103, 104, 105, 1st Floor, Enterprise Centre Vile Parle (east) Mumbai, Maharashtra, India 400 099.

5.Actc Events And Activations Private Limited Represented By Its Director Raja Hemanth, No.e 140, 5th Main Road, Kamaraj Nagar, West, Tiruvanmiyur, Chennai 600 041.

Arb Appln No. 822 of 2025 To 1.ACTC Studio Pvt Ltd Represented by its Director Mr Raja Hemanth 2.Raja Hemanth No.5/46, 3rd Street, AC Block, 6th Main Road, Anna Nagar, Chennai600 040 Residing at 2B Paradise By the Bay, 3rd Avenue, Valmiki Nagar, Thiruvanmiyur, Chennai600 041 3.ACTC Events and Activations Private Limited Represented by its Director Raja Hemanth No.E 140, 5th Main Road, Kamaraj Nagar West, Tiruvanmiyur, Chennai, 600 041 4.Big Tree Entertainment Pvt Ltd Represented by its Director Mr Shreyas Srinivasan Wajeda House, Ground Floor, Gulmour Cross Road, 7, Near Tian Restaurant, Juhu Scheme, Mumbai- 400 049.

N.ANAND VENKATESH J.

rka Arb Appln No. 549 of ARB APPLN NO. 822 OF 2025 04-09-2025