Madras High Court
Medall Scans And Labs Private Limited vs M/S Best Medi Scans on 17 September, 2020
O.P.No.281 of 2020 and
O.A.No.903 and 904 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.09.2020
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISHKUMAR
O.P.No.281 of 2020 and
O.A.No.903 and 904 of 2019
Medall Scans and Labs Private Limited,
No.67, 2nd floor, TNPL Building, Anna Salai,
Guindy, Chennai 600 032. ... Petitioner in
O.P.281 of 2020 and
Applicant in
O.A.No903, 904 of 2019
Vs.
M/s Best Medi Scans,
rep. by its Partners, No.729/1,
Thiruvottriyur High road,
New Washermanpet, Chennai 600 081. ... Respondent in
O.P.281 of 2020 and
O.A.No903, 904 of 2019
Prayer in O.P.No.281 of 2020: Petition filed under Order 11(6) of the
Arbitration and Conciliation Act, 1996 to appoint an arbitrator, in terms
of the agreement dated 03.07.2015 entered into between the petitioner
and the respondents, for the purpose of adjudicating upon the disputes
that have arisen between the petitioner and the respondents.
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O.P.No.281 of 2020 and
O.A.No.903 and 904 of 2019
Prayer in O.A.No.903 of 2019
Application filed under Section 9(ii) of the Arbitration and
Conciliation Act, 1996 to grant an order of interim injunction
restraining the respondent,their men, agents, serants or persons acting
on its behalf from representing itself and / or doing any act deed or
thing that would indicate that it is a licensee or authorized franchisee of
the applicant, pending adjudication of disputes between the applicant
and the respondent through arbitration.
Prayer in O.A.No.904 of 2019
Application filed under Section 9(ii) of the Arbitration and
Conciliation Act, 1996 to grant an order of interim injunction
restraining the respondent,their men, agents, servants or persons acting
on its behalf from using the applicant's trademark " Medall Care Centre
Plus" or any derivate thereof in any manner, pending adjudication of
disputes between the applicant and the respondent through arbitration.
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O.P.No.281 of 2020 and
O.A.No.903 and 904 of 2019
For Petitioner/Applicant : Mr.Aishwarya S.Nathan
For Respondent : Mr.V.Manisekaran
represented for other partners
viz. Mr.Ganeshmoorthy and
Mr.B.Ezhilan (not on record)
COMMON ORDER
This petition in O.P.No.281 of 2020 has been filed seeking for appointment of an arbitrator to enter upon the reference and adjudicate the disputes between the parties arising from the agreement dated 03.07.2015.
2. The contention of the petitioner is that a franchise agreement dated 03.07.2015 was entered into between the petitioner and the respondent and a dispute was arose between them with regard to the sharing of the revenue and that despite the petitioner invoked the arbitration proceedings, the respondent has not shown any interest to proceed further. Hence this petition. Page 3 of 6 http://www.judis.nic.in O.P.No.281 of 2020 and O.A.No.903 and 904 of 2019
3. Mr.V.Manisekaran, learned counsel representing for the other partners namely Mr.Ganeshmoorthy and Mr. B.Ezhilan submitted that the partner shown in the cause title is a working partner, however, other partners are there, who are interested in the firm and hence, they should be made as parties to the petition and hence prays to implead them.
4. The learned counsel appearing for the petitioner submitted that the other partners may not be impleaded since the respondent can file a claim petition including all the partners, so that the interest of the partnership firm will be protected.
5. Considering the facts and circumstances of the case, this court is of the view that application for impleading the other partners is not required in this petition. However, in the claim application, they can be made as parties.
Page 4 of 6 http://www.judis.nic.in O.P.No.281 of 2020 and O.A.No.903 and 904 of 2019
6. Both side counsels have no objection for appointment of Mr.Sarath Chandran, as Arbitrator. Hence, the petitioner is directed to implead all the partners of the respondent firm as partners in the proceedings before the Arbitrator.
7. Accordingly, by consent of both the counsels, it is ordered as follows:
i) That Mr.Sharath Chandran M.S., Gokulam, No.3, Gopala Menon Street, Vepery, Chennai-600 007, be and is hereby appointed as Arbitrator to enter upon the reference and adjudicate the disputes inter se the parties.
ii) That 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.
iii) That the learned Arbitrator appointed herein shall be at liberty to fix his remuneration and other incidental expenses, which shall be borne by the parties equally.
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http://www.judis.nic.in O.P.No.281 of 2020 and O.A.No.903 and 904 of 2019 N. SATHISHKUMAR, J.
mst
8. The applicant is at liberty to approach the Arbitrator for interim measure, if any.
9. The Original Petition in O.P.No.281 of 2020 is ordered accordingly. Consequently, the Original applications in O.A.No.903 of 904 of 2019 are closed. No costs.
17.09.2020 Index: Yes/No Internet: Yes/No Speaking/non speaking Order mst O.P.No.281 of 2020 and O.A.No.903, 904 of 2019 Page 6 of 6 http://www.judis.nic.in