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2025 DAILYLAW 177356 (MAD)

M/s.ASP Media Solutions v. M/s.Jeyakodi Pictures

Arb O.P(COM.DIV.)/771/2025 · 2025-12-03

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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Arb O.P(COM.DIV.) No. 771 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-12-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb O.P(COM.DIV.) No. 771 of 2025 1. M/s.ASP Media Solutions represented by its Power Agent, Y.Vitesh, having its office at Old No.98, New No.225, Bharath Mansion, Barathi Salai, Royapettah, Chennai - 600 014. Applicant(s) Vs 1. M/s.Jeyakodi Pictures Represented by its Proprietor, Mr.G.Amalraj, No.3/16, Annai Nagar, Udayarkoil, Thirumazhisai, Chennai - 600 124. also at having office at No.19, Sri Balaji Nagar, 1st Street, Alwarthirunagar, Chennai - 600 087. 2.M/s.JDS Film Factory Represented by its Proprietrix, Mrs.Deivakani.A, No.19, Sri Balaji Nagar, 1st Street, alwarthirunagar, Valasaravakkam, Chennai - 600 087. Respondent(s) PRAYER To appoint a Sole Arbitrator under Section 11(5) of Arbitration and Conciliation Act, 1996 to resolve the disputes between the parties herein with respect to the Financial Assistance Agreement dated 25.11.2022 and Addendum executed on 01.12.2023 and the Co producer agreement dated 01.12.2023. https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 771 of 2025 For Applicant(s): M/s.Anupam Raghuraman C.Seethapathy Umashankar A.-ms/311/1998 I.Rollence Samuel P.Pavithra Ragavi S.Sakthi Aatharsh S.Sandesh Saravanan 9840885753 For Respondent: Ms.Lakshmi Raja ORDER This petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 [herein after referred to as the Act] for appointment of a sole Arbitrator to resolve the dispute between the parties with respect to the Financial Assistance Agreement dated 25.1.2022 and Addendum executed on 01.12.2023 and the Co-producers agreement dated 01.12.2023. 2. Heard M/s.Anupam Raghuraman, learned counsel for the applicant and Ms.Lakshmi Raja, learned counsel for respondent. 3. On carefully considering the submissions made on either side, it is seen that the disputes have arisen between the parties and the agreement that has been entered into between the parties and more particularly, the co- producers agreement dated 01.12.2023 read along with the addendum to the https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 771 of 2025 Financial Assistance Agreement dated 25.11.2022, which was also executed on the same day i.e on 01.12.2023, provides for an arbitration clause at Clause 11 (VII), which is extracted hereunder:- vii) This Agreement shall be governed by the laws of India. The parties hereto agree that all actions, disputes, controversies or differences which may arise between the parties in connection with this Agreement or the rights of the picture shall be settled by binding arbitration and parties shall refer such dispute to the sole Arbitrator mutually appointed by both parties. The arbitration will be conducted in accordance with the Arbitration and Conciliation Act, 1996. The language of arbitration proceedings shall be in English. The venue of arbitration shall be Chennai. Subject to the foregoing Courts in Chennai, India shall have the exclusive jurisdiction to deal with all matter concerning or arising out of this agreement. 4. The agreement between the parties is in line with Section 7 of the Act and the agreement also provides for an arbitration clause. Apart from that, the petitioner has sent trigger notice dated 28.08.2025 under Section 21 of the Act which was received by the respondent and the respondent has sent a reply on 27.09.2025. https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 771 of 2025 5. In view of the above, Mr.M.Sathyanarayanan, Former Judge, Madras High Court, at 108/64, Catholic Centre main Building, I floor, Armenian Street, Chennai, Mobile No.9498022255, email id js161159@gmail.com, is appointed as the sole Arbitrator and the Arbitrator is requested to enter upon reference to adjudicate the arbitral dispute that were arising between the parties by holding the sittings in any venue in Chennai to the convenience of all concerned and render an award. Fees of the sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017. 7.This Arb. OP is disposed of in the above terms. There shall be no order as to costs. 03-12-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 771 of 2025 To 1.M/s.Jeyakodi Pictures Represented by its Proprietor, Mr.G.Amalraj, No.3/16, Annai Nagar, Udayarkoil, Thirumazhisai, Chennai - 600 124. also at having office at No.19, Sri Balaji Nagar, 1st Street, Alwarthirunagar, Chennai - 600 087. 2.M/s.JDS Film Factory Represented by its Proprietrix, Mrs.Deivakani.A, No.19, Sri Balaji Nagar, 1st Street, alwarthirunagar, Valasaravakkam, Chennai - 600 087. https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 771 of 2025 N.ANAND VENKATESH J. rka Arb O.P(COM.DIV.) No. 771 of 2025 03-12-2025 https://www.mhc.tn.gov.in/judis