Allowed

Bhavesh N.Saiya v. Kalyanji K Saiya

Madras HC11 Mar 2021OA/60/2021

Case brief

AI extract

What is this about?

The petitioner applied for ad-interim injunctions restraining the respondent from interfering with business and dealing with third parties pending arbitration. Both parties consented to arbitration under Clause 18 of their Partnership Deed. The Court appointed an arbitrator and allowed the applications.

What did the court decide?

Appointment of Mrs. G. Thligakavathi as Arbitrator; ad-interim injunctions restraining respondent from interfering with business and dealing with third parties; parties to bear own costs.

Bhavesh N.Saiya Vs Kalyanji K Saiya — Arbitration | Madras HC (2021)

¶1

O.A.Nos.60 and 61 of 2021

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

Dated : 11.03.2021

¶4

CORAM

¶5

THE HONOURABLE Ms. JUSTICE P.T. ASHA

¶6

O.A.Nos.60 and 61 of 2021
Bhavesh N Saiya ... Applicant in both applications
Vs.
Kalyaniji K Saiya ...Respondent in both
applications
Prayer in O.A.No.60 of 2021 : Judges summons filed under Order
IV Rule 8 of the Original Side Rules read with Section 9 of the
Arbitration and Conciliation Act, 1996 to pass an order of ad-interim
Injunction, restraining the respondent, his licensees, assignees,
agents and representatives from interfering with the running of
business having shop No.3 in Door Old No.138, New 239,

¶7

1/6

¶8

http://www.judis.nic.in

¶9

O.A.Nos.60 and 61 of 2021

¶10

Royapettah High Road, Luz, Mylapore, Chennai – 600 004, and peaceful possession held by the applicant.

¶11

Prayer in O.A.No. 61 of 2021 : Judges summons filed under Order

¶12

IV Rule 8 of the Original Side Rules read with Section 9 of the Arbitration and Conciliation Act, 1996 to pass an order of ad-interim Injunction, restraining the respondent, his licensees, assignees, agents and representatives from dealing with the business carried under the name and style of Choice Centre with any third parties till the conclusion of the Arbitration proceedings between parties hereto or till an order is passed by the Arbitrator in that regard.

¶13

For Applicant : Mr.M.Sriram in both applications : For Respondent Mr.S.Kalyanam for Mr.G. Venkatesh in both applications

¶14

2/6

¶15

http://www.judis.nic.in

¶16

O.A.Nos.60 and 61 of 2021

¶17

COMMON ORDER

¶18

These applications are filed seeking ad-interim Injunction,

¶19

restraining the respondent, his licensees, assignees, agents and representatives from interfering with the running of business having Shop No.3 in Door Old No.138, New 239, Royapettah High Road, Luz, Mylapore, Chennai – 600 004, and peaceful possession held by the applicant and dealing with the business carried under the name and style of “Choice Centre” with any third parties till the conclusion of the Arbitration proceedings between parties hereto or till an order is passed by the Arbitrator in that regard.

¶20

2.After arguing the matter, both the parties have consented that the disputes that have now arisen between the parties shall be referred to the arbitration in terms of Clause 18 of the Partnership Deed dated 01.04.1998.

¶21

3/6

¶22

http://www.judis.nic.in

¶23

O.A.Nos.60 and 61 of 2021

¶24

In the light of the above circumstances, this Court is passing

¶25

the following order:

¶26

i)Mrs.G.Thligakavathi, Senior Advocate, residing at

¶27

No.1, Appavu Avenue, I Floor, Mandapam Road, Kilpauk, Chennai – 600 010, Contact No.9003134217, is appointed as the Arbitrator to

¶28

enter upon reference and adjudicate the disputes inter se the parties.

¶29

ii) The learned Arbitrator may, after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the order. It is open to the respondent to raise all legal objections as to the validity of contract.

¶30

iii) The learned Arbitrator is at liberty to fix his

¶31

remuneration and other incidental expenses as per law.

¶32

iv) The proceedings may be conducted under the aegis of

¶33

the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.

¶34

4/6

¶35

http://www.judis.nic.in

¶36

O.A.Nos.60 and 61 of 2021

¶37

4.The Original Petitions are accordingly allowed, leaving the

¶38

parties to bear their own costs. Interim orders already granted shall

¶39

be extended till the Arbitral Tribunal enters reference and the
applicant files application under Section 17 for interim orders.
11.03.2021
Internet : Yes/No
Index :Yes/No
Speaking / Non-Speaking
mps
Note to Office:
Issue order copy on 26.03.2021.

¶40

5/6

¶41

http://www.judis.nic.in

¶42

O.A.Nos.60 and 61 of 2021

¶43

P.T. ASHA, J.

¶44

mps

¶45

O.A.Nos.60 and 61 of 2021

¶46

11.03.2021

¶47

6/6

¶48

http://www.judis.nic.in

Bhavesh N.Saiya v. Kalyanji K Saiya

Case brief

What is this about?

What did the court decide?

Bhavesh N.Saiya v. Kalyanji K Saiya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Tmt S.Gandhimathi Vs Tmt N.Pavunambal (Deceased) and 17 Others

Jayalakshmi Vs D.Balaraman

A.Mohamed Ali Vs E.Feroz and 23 Others

Kanagamoney Diaraj (Died) 1.C.P.DAVID and 3 Others Vs a.Soundararajan and 6 others

G.Karthik S/O.Late v.Ganapathy Vs Shyam Krishna Agarwal

M/s Leatherex Training Company Vs M/s Green Vistas Property Development Pvt. Ltd. and another