The court emphasized the need for trial to resolve conflicting claims arising from complex financial transactions and disputed rights over fitness centers.

JUDGMENT :

Prayer in O.A.No.302 of 2020: Original Application is filed under Order XIV Rule 8 of O.S. Rules r/w Under Order XXXIX Rule 1 and 2 of CPC, to pass an order of interim injunction restraining the respondent/defendant and his men, agents and servants etc., from interfering and disturbing the applicant/plaintiff's peaceful possession and running his business in the name of C3 Fitness Science at No.11/1, Ritherdon Road, Vepery, Chennai - 600 007 and at No.17, Lakshmi Street, Kilpauk, Chennai - 600 010.

A.No.1652 of 2020: Application is filed under Order XIV Rule 8 of O.S.Rules r/w Under Order XXXVIII Rule 1, 2 and 5 of CPC to furnish security for the value of the suit claims amounts of Rs.1,87,39,550/- failing which order for attachment before judgment of movable properties available at the property morefully described in the schedule.

A.No.13 of 2021: Application is filed under Order XIV Rule 8 of O.S. Rules r/w Sections 5 & 8 of the Arbitration and Conciliation Act, 1996, directing the parties to refer the disputes in the Arbitration proceedings in accordance with Clause 20(b) of the Franchise Agreement dated 13.12.2017 entered into between the Applicant/Defendant with respondent/plaintiff herein.

A.No.261 of 2021: Application is filed under Order XIV Rule 8 of O.S. Rules and Under Order XI Rule 5 of Commercial Division Act r/w Section 73 of CPC and r/w Order XXXI Rule 9 of CPC., to produce the original Franchise Agreement dated 13.12.2017, which contain the Arbitration Clause.

1. O.A.No.302 of 2020 has been filed by the plaintiff K. Suresh Prabhu, seeking an order of interim injunction restraining the defendant S. Ramesh from interfering and disturbing with peaceful possession of the business, "C3 FITNESS SCIENCE" at Vepery and at Kilpauk.

2. A.No. 1652 of 2020 has also been filed by the plaintiff under Order 38 Rule 1, 2 and 5 of CPC., for a direction against the defendant to furnish security to the value of the suit claim failing which to attach the movables and the property given in the schedule to the Judges Summons.

3. A.No.13 of 2021 had been filed by the defendant seeking to refer the disputes to arbitration in accordance with Clause 20(b) of the Franshise Agreement dated 13.12.2017.

4. A.No.261 of 2021 had been filed by the defendant calling upon the plaintiff to produce the original Franchise Agreement dated 13.12.2017.

5. In the plaint, the plaintiff K. Suresh Prabhu stated that he had conceived a trade mark by name C3 Fitness Science in the field of Body Building Gyms, Health Clubs and Fitness Centres. He has been carrying on business after obtaining licences and permissions from the various authorities. He claimed that he was running the businesses in rental premises at New No.11/1, Ritherdon Road, Vepery, Chennai, by entering into a lease deed with the owners of the property and at No.17, Lakshmi Street, Kilpauk, Chennai, again by entering into a lease agreement with the owners of the property. He also claimed that he had obtained licences from the Greater Chennai Corporation and from Udyog Aadhar Memorandum from the Ministry of Micro, Small, Medium Enterprises and also licence from the Office of the Commissioner of Police, Chennai. He had also obtained GST Registration Certificate from the Government of India.

6. It had been further stated that the defendant was running the business of Fitness Centre in the name UNIQUE ONE as a proprietary concern. It had been further stated that in 2016, the defendant approached the plaintiff for a business loan of Rs.1.25 crores. The plaintiff claims to have advanced the said amount on various dates in 2016. The defendant also executed a promissory note. The defendant made some part repayments towards the said loan. In May 2017, the defendant again approached the plaintiff for financial investment to develop his business UNIQUE ONE at New Washermanpet and at Perambur. The plaintiff and his known persons Mrs. J. Poornima and Mr. S. Purushothaman made a financial investment of Rs