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Madras High CourtArb Appln/437/2023closed

M/S.Tsr Films Private Limited v. M/S.Deivam Theatre

2023-11-28Honourable Mr Justice C. Saravanan3 pages

C.SARAVANAN, J.

The learned counsel for the applicant submits that the Advocate Commissioner appointed by this Court by its Order dated 09.10.2023 has executed the warrant and the purpose for which the above application was filed for appointment of an Advocate Commissioner has been fulfilled and therefore no further orders are required to be passed in this Arbitration Application as the respondent has failed to appear before this Court.

2. The learned Advocate Commissioner has filed a Report together with a Memo for Additional Remuneration both dated 22.11.2023. Same are taken on record.

3. Considering the nature of work carried out by the Advocate Commissioner and being satisfied with the reasons given in the Memo for Additional Remuneration, Court is inclined to order Additional

Remuneration of Rs.20,000/- (Rupees Twenty Thousand only) to the Advocate Commissioner.

4. The learned counsel for the applicant is directed to ensure the Additional Remuneration is paid to the learned Advocate Commissioner within a period of fifteen days from today. The learned Advocate Commissioner shall return the warrant to the Registry.

5. This Arbitration Application is closed with the above observations. However, considering the fact that the dispute between the applicant and the respondent is arbitrable, it is made clear that the applicant shall initiate arbitration proceedings under the Agreement dated 10.01.2021 within a period of ninety days from the date of receipt of a copy of this order.

28.11.2023 arb

C.SARAVANAN, J.

arb 28.11.2023