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2009 Supreme(Mad) 5015

M.CHOCKALINGAM, V.PERIYA KARUPPIAH
Inox Leisure Limited Having its Registered Office at ABS Towers represented by its Company Secretary & V. P. Legal Rajesh Parte – Appellant
Versus
Chennai Citi Centre Holdings Pvt Ltd. , Rep. By its Chairman – Respondent


Advocates Appeared:
For the Appellant:P.S. Raman Senior Counsel, Sathish Parasaran, Advocate.
For the Respondent:G. Masilamani Senior Counsel, Srinath Sridevan, Advocate.

Judgment :-

M.CHOCKALINGAM, J.

These two intracourt appeals have arisen from a common order of the learned Single Judge of this Court made in O.A.No.1236 of 2008 and A.No.5373 of 2008 filed under Sec.9 of the Arbitration and Conciliation Act, 1996.

2. The appellant has filed the first application seeking an interim injunction to restrain the respondent from in any manner seeking to claim or demand payment towards CAM charges other than in accordance with clause 5 of the Common Area Maintenance Agreement dated 8. 2006, entered into between the parties herein as modified by an agreement in the meeting dated 111. 2007, while the second application was filed seeking an interim order directing the respondent to continue to provide services as set out in Clause 2 of the Common Area Maintenance Agreement dated 8. 2006 without disruption in any manner whatsoever pending disposal of the arbitral proceedings.

3. For the sake of convenience, the parties hereinafter will be referred to as applicant and respondent respectively.

4. On perusal of the materials available, the following would emerge as admitted facts:

.(a) The applicant carrying on business in multiplex movie theatre, and the r































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