M/S.Lyca Productions Private ... vs S.Shankar
2021 Latest Caselaw 21672 Mad

                                          OSA (CAD) Nos.65 and 66 of 2021



              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                          DATED: 28.10.2021

                               CORAM :

          THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                    AND
               THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                    OSA (CAD) Nos.65 and 66 of 2021


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

                              Vs.

S.Shankar                                       ...   Respondent in
                                                      both appeals


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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                                             OSA (CAD) Nos.65 and 66 of 2021




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

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


                            COMMON JUDGMENT

                   (Delivered by the Hon'ble Chief Justice)


      The appellant submits that the appeals may no longer be

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.



      2. It is further submitted by the appellant that the same orders

as sought herein may not be sought before the Arbitrator.



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

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



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                                            OSA (CAD) Nos.65 and 66 of 2021



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.



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

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



      There will be no order as to costs.



                                            (S.B., CJ.)      (P.D.A., J.)
                                                    28.10.2021
Index : No
bbr




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                               OSA (CAD) Nos.65 and 66 of 2021



To:

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




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                    OSA (CAD) Nos.65 and 66 of 2021



                   THE HON'BLE CHIEF JUSTICE
                                AND
                        P.D.AUDIKESAVALU, J.

bbr

OSA (CAD) Nos.65 and 66 of 2021

28.10.2021

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