R.Ramasubbu v. M/S.Avm Productions
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 03RD DAY OF AUGUST 2018 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE O.P. No. 102 of 2010 In the matter of Arbitration & Conciliation Act 1996 and In the dispute between Mercury Arts and M/s. AVM productions Award dated 28.08.2009.
R.Ramasubbu Proprietor: M/s. Mercury Arts, No.42-A, "Mercury Apartments"
First Floor, Pantheon Road, Egmore, Chennai 600 008. .. Petitioner Vs 1.M/s. AVM Productions Represented by Sri.M.Saravanan Managing Partner No.38, Arcot Road, Chennai 600 026.
2. Justice Mr.J.Kanagaraj (Retd.,) Arbitrator No.3, Justice Ramanujam Road, Malaviya Avenue, Shastri Nagar, Chennai 600 041.
3. Justice Mr.K.Govindarajan (Retd.,) Arbitrator No.5, Justice Ramanujam Road, Malaviya Avenue, Shastri Nagar, Chennai 600 041.
4. Advocate Mr.R.K.Chandramohen Arbitrator No.D-4, MIG Flats, Tamil Nadu Housing Board, Foreshore Estate, Chennai 600 028.
.. Respondents Original Petition praying that this Hon'ble Court
may be pleased to set aside the award dated 28.8.2009 passed by the learned Arbitrators 2 and 3/respondents 2 and 3 and award costs of this petition.
This Original Petition having been heard on 23.07.2018 in the presence of Mr.A.Chidambaram, Advocate for the petitioner herein and Mr.P.R.Raman, for M/s. C.Seethapathy, Advocate for the 1st respondent herein, and upon reading the petition and the Award dated 28.08.2009 filed herein and having stood over for consideration till this date and coming on this day bfore this court for orders in the presence of the said advocate for the parties hereto, and this court is of the considered view that the findings of the Arbitrator are valid findings based on the agreement dated 03.06.2007, entered into between the parties and there is no infirmity in the findings under the majority Arbitral Award and Award passed by the majority Arbitrators is in accordance with the procedure contemplated under the Arbitration and Conciliation Act, therefore, this court is of the considered view that there is no illegality in the majority Arbitral Award, It is ordered as follows:- That the Original Petition No. 102 of 2010 do stand dismissed.
2. That there shall be no order as to costs.
WITNESS THE HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 03rd DAY OF AUGUST 2018.
Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
sk 13.08.2018 O.P. No.102 of 2010
ORDER
DATED: 03.08.2018 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 14.08.2018 APPROVED ON : 16.08.2018