K. PUNNIYAMOORTHY Vs. ONDRAGA ENTERTAINMENT

JUDGEMENT

(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 dtd. 28/6/2022, entitling him for a sum of Rs.4,65,00,000.00 as principal amount and also a sum of Rs.3,10,00,000.00 as interest and other incidental charges. Since the respondents and other parters 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 Sec. 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 Sec. 36 of the Act?