M/S.Zee Entertainment v. M/S.V.P.Films
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 26.07.2017
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH O.P. No.749 of 2016 M/s.Zee Entertainment Enterprises Ltd., represented by its Managing Counsel Ms.Dhanya Nandakumar .. Petitioner -vs1.M/s.V.P.Films, represented by its Proprietor Mr.V.Palanivel 2.M/s.Sri Vishali Films, represented by its Partner Mr.J.Kumaresan .. Respondents Prayer: Petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 to appoint an arbitrator to decide the dispute and claims between the petitioner and the respondents arising out of the Film Assignment Agreement dated 26.09.2012. For Petitioner : Mr.M.Narendran For Respondents : Mr.K.Vellayaraj for R2
O R D E R
Disputes have arisen pursuant to Film Assignment Agreement dated 26.09.2012 that are sought to be resolved by reference to Arbitration in terms of Clause 10.3 thereof, which is extracted below:
10.3.In the case of such failure, the dispute shall be referred to a Sole Arbitrator, which shall be mutually appointed by the parties or in case of disagreement, to a panel of three Arbitrator, one of whom shall be appointed by Assignor and one by Assignee. The third Arbitrator shall be mutually appointed by the two Arbitrators. 2.As ordered notice has been served on the respondents. R2 has entered appearance through counsel. With respect to R1, despite service of notice by way of private service as well as by way of paper publication, none appears on his behalf.
3.Learned counsels for the petitioner as well as first respondent agree to submit to arbitration and suggest that Mr.Prasad Vijaykumar, Advocate, be appointed as the Sole Arbitrator in the matter. 4.By consent, I, thus, appoint Mr.Prasad Vijaykumar, Advocate, having office at GC, Dharanija Apartments, No.25, 1st Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041 (Mobile No.9940673979), as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. He may, after issuing notice to all parties to this petition and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of this order. The learned Arbitrator is
at liberty to fix his remuneration and other incidental expenses, which shall be borne by both the parties equally. The proceedings may be conducted under the aegis of the Madras High Court Arbitration Centre in accordance with the Madras High Court Arbitration Rules. 5.The Original Petition is, accordingly, allowed, leaving the parties to bear their own costs.
26.07.2017 vga
Dr.ANITA SUMANTH,J.
vga O.P. No.749 of 2016 26.07.2017