PREM MOHANLAL GIRDHANI Vs. PERCEPT PICTURE

JUDGEMENT

(1.) Heard finally by consent at the admission stage.

(2.) The Petitioner has moved this Petition under section 9 of the Arbitration and Conciliation Act (for short 'Arbitration Act'), alleging that there is an arbitration agreement which permit the Petitioner, who is the Writer member, to lodge a complaint before the Writers' Association as well as Producers' Association (IMPPA). Except averments, there is nothing on record. The Petitioner however, indicates that a complaint dated 8th September 2012 filed before the Writers' Association (Dispute Settlement Committee). A similar application dated 11th September 2012 is also filed before the IMPPA. The case is that all these applications could not be considered, since the Tribunal/ Committee are not available for adjudication and as there is urgency, in view of the fact that the Film called "KAMAAL DHAMAAL MALAMAAL" is due to release on 28th September 2012. It is also averred that his idea/script got registered in the year 2008 with the Writers' Association, titled as "TERE CHAKKAR MEIN", has been used without his permission and therefore, the Petitioner is seeking interim relief in terms of prayer clauses (a) and (b), which read thus :

(3.) The learned senior counsel appearing for the Respondent disputed all the aspects including the maintainability of present Petition on a foundation that there exists no arbitration clause and/or agreement between the parties and even on merit, there is no case for injunction.