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2023 Supreme(Mad) 2967

KRISHNAN RAMASAMY
K. Punniyamoorthy – Appellant
Versus
Ondraga Entertainment – Respondent


Advocate Appeared:
For the Appellant :K. Moorthy, R. Anila, S.R. Sundar and M. Velu, Advocates
For the Respondents:Revathi Manivannan, AAV Partners, A.K. Raghavulu, A.R. Pradeep, Angad Singh Dugal and Govind Singh Grewal, Advocates

JUDGMENT :

Krishnan Ramasamy, J.

1. This Original Application has been filed, seeking interim injunction against the respondents for the relief as sought therein.

2. The applicant has obtained an award passed by the learned Arbitrator vide order dated 28.06.2022, entitling him for a sum of Rs. 4,65,00,000/- as principal amount and also a sum of Rs. 3,10,00,000/- as interest and other incidental charges. Since the respondents and other partners have completed the making Web series called Queen-2 in all languages in the OTT Platform and attempting to release in the month of May, 2023 without making any payments towards the award to the applicant, the applicant has come forward with the present application for the interim relief.

3. Now an interesting issue that crops up for consideration is whether the applicant/award holder can seek interim relief by invoking Section 9 of the Arbitration and Conciliation Act, 1996 (in short, 'the Act') before this Court, at any time after making of the arbitral award but before it is enforced, in accordance with Section 36 of the Act?

4. Mr. Abdul Hameed, learned Senior Counsel for M/s. Revathi Manivannan, on behalf of the respondents 1 to 3 would submit

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