SHRADDHA ENERTAINMENT Vs. KONDADUVOM ENTERTAINMENT, HABIBULLAH ROAD, T NAGAR, CHENNAI
HIGH COURT OF MADRAS
Kondaduvom Entertainment, Habibullah Road, T Nagar, Chennai
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N.SATHISH KUMAR,J. -
(1.) These Civil Miscellaneous Appeals are filed, challenging the order passed by the Learned Arbitrator in dismissing the applications filed for interim measures under section 9 of the Arbitration and Conciliation Act.
(2.) In Application Nos.19 and 20 of 2020 two reliefs are claimed by the Applicant. One is injunction restraining Respondents 1 to 5 from opening any Bank Account, either in their individual or joint names and or in the names of any entity in which any or all of them are in control and other relief is to direct the Respondents 1 to 5 to disclose the names and details of all banks where they hold accounts whatsoever operated by them either individually or jointly with one another or with 3rd parties, in their names or in the names of their proprietary concerns, firms, companies and file all such statements of accounts from 1st July 2016 till 25th May 2020 pending disposal of the arbitral proceedings.
(3.) The learned Arbitrator dismissed the applications by holding that there is no prima facie liability as a loan to the respondents and also held that injunction relief sought to opening bank account is an extraordinary remedy and further held that there is no averment anywhere to bring any nexus to the bank accounts to compel the Respondents to make any such disclosure. Similarly held that there are parallel accounts, that event the power under Order 38 Rule 5 of CPC cannot be invoked in a given case. While arriving such a conclusion the learned Arbitrator has also gone into the validity of Memorandum of Compromise dated 25.11.2019 and held that there is no loan transaction, the relationship appears to be Principal and Agent between the parties. Aggrieved over the same present appeals are filed.;
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