Allowed

M/S.Lyca Productions Pvt. Ltd. v. S.Shankar

Madras HC28 Oct 2021OSA(CAD)/65/2021

Case brief

AI extract

What is this about?

Appeals filed under Order XXXVI Rule 1 CPC and Section 13(1) Commercial Courts Act were allowed. The Court held that since arbitral proceedings have commenced and the appellant would seek similar interim relief from the Arbitrator, there is nothing left to adjudicate on the merits.

What did the court decide?

OSA (CAD) Nos. 65 and 66 of 2021 were disposed of; CMPs closed without order as to costs.

M/S.Lyca Productions Pvt. Ltd. Vs S.Shankar — Company and Corporate | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 28.10.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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M/s.Lyca Productions Private Limited, rep. by its Director Neelakant Narayanpur, No.55, Vijayaraghava Road, T.Nagar, Chennai – 600 017.

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...Appellant in both appeals

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S.Shankar ...Respondent in both appeals

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Prayer: Appeals filed under Order XXXVI, Rule 1 of O.S. Rules and under Section 13(1) of the Commercial Courts Act read with Clause 15 of the Letters Patent against the order dated 02.07.2021 made in Application No.2043 of 2021 in Original Application No.211 of 2021 and Original Application No.212 of 2021 on the file of the Original Side of this Court.

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For the Appellant : Mr.AR.L.Sundaresan Senior Counsel for M/s.R.Prabhakaran

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For the Respondent : Mr.P.S.Raman Senior Counsel for M/s.D.Saikumaran

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https://hcservices.ecourts.gov.in/hcservices/

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COMMON JUDGMENT

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(Delivered by the Hon'ble Chief Justice)

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The appellant submits that the appeals may no longer be

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proceeded with since the arbitral reference has commenced in right earnest and applications for interim measures have been filed or orders already obtained from the arbitral tribunal.

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It is further submitted by the appellant that the same

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orders as sought herein may not be sought before the Arbitrator.

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Accordingly, OSA (CAD) No.65 of 2021 and OSA (CAD) No.66

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of 2021 are disposed of without going into the merits of the matter. It is also recorded that the appellant submits that a similar injunction restraining the respondent from taking up any directorial venture with any third party will not be sought in course of the arbitral reference. The appellant submits that in respect of other interim measures sought, the arbitral tribunal should not place undue reliance on the observations in the orders impugned herein.

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In view of the above, nothing remains of the matters.

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CMP Nos.13617, 13619, 13621 and 13624 of 2021 are closed.

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There will be no order as to costs.

Sd/-

Deputy Registrar

//True Copy//

Sub Assistant Registrar

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bbr

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To:

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The Sub Assistant Registrar, Original Side, High Court of Madras.

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+2ccs to Mr.D.Saikumaran, Advocate, S.R.No.56095, 56096

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OSA (CAD) Nos.65 and 66 of 2021

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GSM(CO) KKV/02/11/2021

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https://hcservices.ecourts.gov.in/hcservices/

M/S.Lyca Productions Pvt. Ltd. v. S.Shankar

Case brief

What is this about?

What did the court decide?

M/S.Lyca Productions Pvt. Ltd. v. S.Shankar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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