Madras High Court
Mx Media & Entertainment Pte. Ltd vs K.Punniyamoorthy on 21 August, 2023
OSA(CAD) No.94 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
OSA(CAD) No.94 of 2023
and
C.M.P.No.17268 of 2023
MX Media & Entertainment Pte. Ltd.
Wrongly arrayed as “MX Players”
Having its office at 71 Robinson Road
No.14-01, Singapore (068895)
Republic of Singapore. .. Appellant
Vs.
1.K.Punniyamoorthy
2.Ondraga Entertainment
Represented by Mr.Gautham Vasudev Menon
Having its office at:61/3, Gandhi Street
Kanagam, Taramani
Chennai-600113.
3.S.Venkataramanan
4.A.Reshma Ghatala .. Respondents
Page 1 of 6
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OSA(CAD) No.94 of 2023
Prayer: Appeal filed under Order 13(1) of the O.S.Rules read with
Clause 15 of the amended Letters Patent 1865 and read with Section
13 of the Commercial Courts, Commercial Division and Commercial
Appellate Division of High Courts (Amendment) Act, 2018 against the
order dated 28.04.2023 made in O.A. No.284 of 2023.
For the Appellant : Mr.Balasubramanian
Senior Counsel
For Mr.A.K.Raghevulu
For the Respondents : Mr.M.S.Krishnan
Senior Counsel
For Mr.K.Moorthy (R1)
Mr.A.Abdul Hameed
Senior Counsel
For Mrs.Revathi Manivannan
(RR2 to 4)
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.Balasubramanian, learned Senior Counsel
for Mr.A.K.Raghevulu, learned counsel for the appellant;
Mr.M.S.Krishnan, learned senior counsel for Mr.K.Moorthy, learned
counsel for the first respondent; and Mr.A.Abdul Hameed, learned
Senior Counsel for Mrs.Revathi Manivannan, learned counsel for the
second to fourth respondents.
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OSA(CAD) No.94 of 2023
2. The petition under section 9 has been decided finally by the
learned Single Judge.
3. The primordial contention of the appellant is that the
learned Single Judge has not discussed on the merits of the
contention and the whole discussion was about the maintainability
of an application under Section 9 of the Arbitration and Conciliation
Act, 1996. After coming to the conclusion that the application under
Section 9 of the Act is maintainable, the learned Single Judge
straightaway made the interim stay absolute.
4. According to the appellant, the web-series is not yet
completed. The learned Senior Advocate for the appellant submits
that the appellant undertakes that the appellant wold not release
the web-series until further orders of the Court, if the matter is
remitted to the learned Single Judge.
5. We have heard learned Senior Advocate for respondent no.1
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OSA(CAD) No.94 of 2023
/original applicant.
6. It appears that while passing the impugned order, the
learned Single Judge only debated upon the maintainability of the
petition under Section 9 and after arriving at the conclusion that the
petition under Section 9 is maintainable, straightaway made the
interim stay absolute. No reasons appear to have been recorded
while making interim stay absolute.
7. The reasons are now considered to be the third pillar of the
principles of natural justice. The interim order is bereft of reasons as
to why the interim stay is made absolute.
8. As the impugned order is sans reasons, the order to the
extent of making the interim stay absolute is set aside. However, we
record the undertaking of the learned Senior Advocate for the
appellant that the appellant would not release the web-series
''Queen-2'' until further orders from the learned Single Judge.
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OSA(CAD) No.94 of 2023
9. The parties shall appear before the learned Single Judge on
08.09.2023. The learned Single Judge shall thereafter take up the
matter as per his convenience.
10. The writ appeal is accordingly disposed of. There shall be
no order as to costs. Consequently, C.M.P.No.17268 of 2023 is
closed.
(S.V.G., CJ.) (P.D.A., J.)
21.08.2023
Index : Yes/No
Neutral Citation : Yes/No
Maya
To:
The Sub Assistant Registrar
Commercial Cases
High Court, Madras.
https://www.mhc.tn.gov.in/judis
OSA(CAD) No.94 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(Maya)
OSA(CAD) No.94 of 2023
21.08.2023
https://www.mhc.tn.gov.in/judis
