MAGNUM FILMS Vs. GOLCHA PROPERTIES PRIVATE LIMITED

JUDGEMENT

(1.) Two Applications (I. A. 4240 and 4400 of 1982) in Suit Nos. 1510-A/82 and 1555-A/82 under Order 39, Rules 1 and 2, Civil Procedure Code read with Section 41 and Sch. II of the Arbitration Act and another application (I. A. 4397/82) under O. 1, R. 10, Civil P. C. are being decided together because they are inter-connected. This order is being written in the file of I. A. 4240/82 in Suit No. 1510-A/82.

(2.) Applicant of I. A. 4240/82 is M/s. Navketan International Films Pvt. Ltd., Film Colony, Chandni Chowk, Delhi (hereinafter referred to as Navketan Films). The applicant of the remaining two applications is M/s. Magnum Films, a partnership firm. Both the applicants are distributors of cinema films. Inter alia, Navketan Films is holding the distribution, exhibition and exploitation rights of a picture "Swami Dada" while Magnum Films is holding distribution, exhibition and exploitation rights of the film 'Nikah'. The rights of each of them with respect to his film is in the territories of Uttar Pradesh and Delhi.

(3.) M/s. Golcha Properties Private Limited (hereinafter referred to as Golcha Properties) is a company registered under the Companies Act and owns a cinema known as 'Golcha Cinema' which is situated at Darya Ganj, New Delhi. Golcha Properties is respondent in every one of the applications.