TSR FILMS PRIVATE LIMITED Vs. LAKSHMI THEATRE.

JUDGEMENT

(1.) This application was filed under Sec. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') for appointment of an Advocate Commissioner to take possession of the equipments morefully described in the schedule to the Judges summons.

(2.) The case of the applicant is that the respondent approached the applicant for installing film projection through digital cinema equipment at the theatre premises of the respondent. An agreement was entered into between the parties on 23/2/2019 for a period of 10 years, in which, the first 8 years were considered as lock-in period. During the subsistence of the agreement, additional equipments were also provided by the applicant, for which, they entered into an agreement on 27/5/2025 for a period of 10 years. According to the applicant, nearly 12 equipments were handed over to the respondent.

(3.) The grievance of the applicant is that the respondent has committed breach of the terms of the agreement and hence, the applicant issued a notice dtd. 21/8/2025 calling upon the respondent to handover the equipments immediately and also expressed the intention of the applicant to refer the matter for arbitration in line with Clause 15 of the agreement. Since there was no response, the present application has been filed before this Court.