AMAR NATH SEHGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Arbitraribility or otherwise of the suit subject, in the face of arbitration clause, forming part of an agreement between the parties, is a short question posed for consideration in the present context. An answer in affirmative forecloses trial to. pave way for adjudication on the matter in controversy. by an arbitrator.

(2.) Faotual content emanating from plaintiff's pleadings takes one way back to July ,1957 when the plaintiff, responding to an offer from Central Public works Department (defendant No. 2) of ;Union of India (defendant No.1), to create a bronze mural for display at Vigyan Bhavan, New Delhi set out to accomplish the challenging task. After extensive preparation and research, plaintiff's untiring and stressful concentrated hardwork, spanning over a period of five years, dedicated to the cause, eventually produced an acclaimed piece of artistic work manifesting itself in the form of a 140 feet long and 40 feet high mural, demonstrating a delicate balance between cultural and material aspects in national perspective essence of rural and modern India being its theme. The mural so created found its rightful place in Vigyan Bhawan lobby right at its entrance, in the year 1962 and in due course of time acquired the reputation of being one of the important historical murals representing essential part of India's best art heritage.

(3.) Mural continued to occupy its place until it was pulled down and dumped by the defendants in the year 1979 in the course of partial reconstruction of Vigyan Bhawan, without permission, consent or authorisation of the plaintiff. In the process, owing to mishandling, mural lost its aesthetic and market value. Its bits and pieces, including two full figures, and part of the plaintiff's name disappeared altogether.