MAGNUM FILMS Vs. GOLCHA PROPERTIES PRIVATE LIMITED

JUDGEMENT

(1.) JUDGMENT -

(2.) THE plaintiffs filed a suit under Section 20 of the Arbitration Act for filing of the agreement and reference of the disputes to arbitration relating to agreement dated 3rd May, 1982. THE plaintiffs also filed an application (I.A. No. 1255 of 1983) under Section 41 of the Arbitration Act for an injunction restraining the defendant from interrupting or interfering with the continuous screening of the picture 'Nikaah' at Golcha Cinema till it collects a minimum sum of Rs. 58,186.43 per week and to continue its running on paymant of Rs 46,549.15 only per week. On 22nd March, 1983 summons of the suit and notice of the application were issued to the defendant for 19th April, 1983 and ex parte injunction was issued restraining the defendant from in any manner interrupting or interfering with the continuous screening of the picture 'Nikaah' at Golcha Cinema, Delhi till the box office collections of the picture cover the minimum hold over figure of Rs. 58,186.43 per week. THE defendant was served and it filed an application (I.A. No. 1434 of 1983 under Section 151 of the Code of Civil Procedure for vacation of the injunction on the ground that it was contrary to the express term of the agreement between the parties. With the consent of the parties, the main petition under Section 20 of the Arbitration Act and this injunction were heard today.