Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator in a dispute regarding non-payment under a content license agreement. Respondent did not appear. Court appointed a sole arbitrator.
Appointment of Dr. Justice M.Jaichandran (Retd.) as sole arbitrator.
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Arb.O.P (Com.Div.) No.156 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2024
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY
Arb.O.P (Com.Div.) No.156 of 2024
M.Radha, Sole Proprietor, M/s.Subam Audio Vision, Having Office at No.6, New Bus stand, Tiruvannamalai, Tamil Nadu 606 601.
... Petitioner
Vs.
Bennet Coleman & Company Ltd., Rep by Chief Operating Officer, Times Group, 8th Floor, Times Tower, Kamala Mills compound, Senapati Bapat Marg, Lower Parel, Mumbai 400 013.
... Respondent
Prayer:
Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to
a) appoint an arbitral Tribunal in accordance with the provisions of the Arbitration and Conciliation Act, 1996 to adjudicate upon the
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disputes/differences between the petitioner and the respondents under the content license agreement
b) direct the respondent to pay costs of this proceeding;
For Petitioner : Mr.K.S.Navin Balaji For Respondent : No appearance
ORDER
This Arbitration Original Petition has been filed under Section 11(6)
of the Arbitration and Conciliation Act, 1996 (hereinafter called as “the Act”) to appoint an Arbitrator to adjudicate the dispute between the petitioner and the respondent.
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Crores. Therefore, the petitioner sent a notice dated 06.11.2023, under Section 21 of the Act, invoking Arbitration in terms of the Clause 14.3 of the License Agreement. However, the respondent has not come forward for the appointment of Arbitrator.
the respondent is also printed in the cause list. However, there is no representation on behalf of the respondent, which shows that they are not interested in contesting this petition.
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arising out of the License Agreement dated 05.11.2014. Upon perusal of the said agreement, it is clear that the dispute among the parties shall be resolved by virtue of Arbitration as per the Clause 14.3 of the said Agreement, which reads as follows:
“14.3 Dispute and Jurisdiction:
14.3.1 Any Dispute or difference pertaining to this agreement shall be resolved through negotiations failing which the same shall be referred to arbitration; by (one) arbitrator mutually appointed by the parties hereto failing which, the arbitration shall be conducted by the sole arbitrator appointed by the court. The arbitration shall be all matters be governed by the Arbitration and Conciliation Act, 1996.
14.3.2 The place of Arbitration shall be at Mumbai/Chennai only. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings will be final and binding on both the parties to the agreement.
14.3.3 This Agreement is governed by and is to be construed in accordance with the laws of the Republic of India. It is agreed between the parties that only the appropriate Court in Mumbai/Chennai shall have the
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exclusive jurisdiction to entertain and try any suit or matter in dispute between them relating to this agreement.”
order:
i) Hon'ble Dr. Justice M.Jaichandran (Rtd.,) residing at Door No.422, South 2nd Main Road, Kapaleeswarar Nagar, Neelankarai, Chennai – 600 115, Contact No.9444390951, is appointed as sole arbitrator to enter upon reference and adjudicate the disputes inter se the parties.
ii) The learned Arbitrator appointed herein, shall 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. The learned Arbitrator is also directed to decide the matter without
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influenced by the observations made by this Court in the present order.
iii) The learned Sole Arbitrator appointed herein shall be paid fees and other incidental charges, as per Schedule IV of the Act and the same shall be borne by the parties equally. In the event of non-appearance of the respondent, the petitioner shall bear the entire remuneration and other expenses and thereafter, the petitioner can recover the same directly from the respondent and vice versa.
the parties to bear their own costs. Since this Court has appointed an Arbitrator, it is open to the petitioner as well as the respondent to seek other reliefs under the provisions of Arbitration and Conciliation Act 1996 before the Arbitrator.
13.06.2024
Speaking/Non-speaking order Index : Yes / No Neutral Citation: Yes / No nsa
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KRISHNAN RAMASAMY.J., nsa
Arb.O.P (Com.Div.)No.156 of 2024
13.06.2024
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1 issue framed by the court
Whether the dispute arising from the License Agreement is referable to arbitration under Clause 14.3?
2 provisions across 1 enactments
M.Radha, Sole Proprietor, M/s.Subam Audio Vision
Bennet Coleman & Company Ltd., Rep by Chief Operating Officer, Times Group
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
