Mr.V.Prakash v. Mr.T.Sunil Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 28th DAY OF OCTOBER 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.A. No.420 of 2021 In the matter of Arbitration & conciliation Act, 1996; and In the matter of License Agreement dated 19.11.2005 and Agreement for Renewal of License dated 23.11.2015 between Mr.V.Prakash and Mr.T.Sunil Kumar.

MR.V.PRAKASH Divine Grace, F-66, Plot No.203, F-Block, 4th Street, Anna Nagar East, Chennai 600 102.

... Applicant -VersusMR.T.SUNIL KUMAR Thuruthel Purayidam, Kottakakam, Kolam 691 013.

: Respondent Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction restraining the Respondent, his men, agents or anyone authorized under him from in any manner entering, trespassing or illegally tapping the Applicants Rubber Trees situated at land measuring 24.55 acres in Survey NO.660/1/55, 56, 54, 122, 46, 33, 132, 42 and 31 of Valakode Village, Padmavally Estate, Punalur Quilon, Kerala

State pending Arbitration Proceedings to the extent aggrieved. This original application coming on this day before this court for hearing through video conferencing in the presence of Mr.P.R.Raman, Senior Counsel for Mr.C.Seethapathy, Advocates for the applicant herein, and Mr.Krishna Prasad, Advocate for the respondent herein and upon reading the order herein dated 05.10.2021, and this court is of the view that all the contentions with regard to the contract can be raised by the respondent before the learned Arbitrator and the same shall be decided on merits only by learned Arbitrator, it is ordered as follows:- That the order of interim injunction granted in pursuance of the order dated 20.07.2021 made in O.A. No.

420 of 2021 restraining the respondent therein his men, agents or anyone authorized under him from in any manner entering, trespassing or illegally tapping the Applicants Rubber Trees situated at land measuring 24.55 acres in Survey NO.660/1/55, 56, 54, 122, 46, 33, 132, 42 and 31 of Valakode Village, Padmavally Estate, Punalur Quilon, Kerala State shall continue till the completion of arbitration proceedings.

2. That the parties herein shall be at liberty to agitate the matter on merits.

3. That it appropriate for them to raise all their contentions before the learned Arbitrator.

4. That there shall be no costs.

5. That the O.A.No. 420 of 2021 do stand closed. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 28th DAY OF OCTOBER 2021.

Sd/- ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

MU 16.12.2021 O.A. No.420 of 2021 ORDER :- DATED : 28.10.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 21.12.2021 APPROVED ON: 06.01.2022