CINEVISTAAS LTD Vs. PRASAR BHARTI

JUDGEMENT

(1.) This is an application seeking restoration of OMP(COMM) 31/2017 which was dismissed for non-prosecution on 7th Sept., 2018. For the reasons stated in the application, OMP(COMM) 31/2017. Accordingly, I.A. is allowed.

(2.) The present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter, 'Act') has been filed challenging order dated 8th Aug., 2009 passed by the Ld. Arbitrator. The said order rejects the prayer for amendment of the Statement of claim, filed by Petitioner - M/s Cinevistaas Ltd. (hereinafter 'Petitioner') in the arbitration proceedings pending with Prasar Bharati (hereinafter 'Respondent').

(3.) Brief background leading to the present petition is that the Petitioner had undertaken production of a game show titled "Knock Out". The concept of this programme was duly approved by the Respondent. After approval was granted, there was exchange of commercial terms, and finally on 15th Nov., 2000, the Respondent approved telecast of 26 episodes of the said game show. The Petitioner was asked to submit Bank Guarantees, which was also done. After further negotiations, the Respondent approved telecast of 52 episodes of the programme and the final telecast date was decided as 28th Jan., 2001. Just three weeks before the telecast had to take place, some queries were raised by the Respondent. Television promos were aired and advertisements were also published. However, on 27th Dec., 2000, the Respondent informed the Petitioner that the show would not be aired.