RAMDAS DWARKADAS Vs. ORIENT PICTURES

JUDGEMENT

(1.) THIS is a notice of motion taken out by the defendants for a stay of this suit upon the ground that the agreement out of which the suit is alleged to arise contains an arbitration clause.

(2.) BY an agreement in writing made on May 12, 1941, between Shantiprasad Govindram Khandaria and Gopinath Mahadeo Tendulker described therein as financing and managing partners of the Orient Pictures, Bombay, and Mr. Ramdas Dwarkadas described in the agreement as the proprietor of Messrs. India Cine Laboratory, Bombay, Mr. Ramdas Dwarkadas who is the plaintiff in the suit agreed to supply raw films mentioned in the agreement to the other party to the agreement who are the defendants as and when required from time to time for a picture named "Sidha-Rasta". The plaintiff further agreed to process the picture in his laboratory, develop it and print it to the final finish. He was to charge the defendants a sum of Rs. 2,500 for complete developing and printing charges and supplying a Rush-print thereof as well as for giving facility of Moviola machine for editing purposes. This agreement is exhibit A to the plaint.

(3.) THE letter requests the Bombay Film Laboratories to confirm the arrangement mentioned in the letter. THEre is an endorsement at the foot of the letter made by the Orient Pictures by Mr. G.M. Tendulkar as a partner therein confirming the arrangement set out in the letter. By a letter of July 16, 1941. written by the Bombay Film Laboratories to the India Cine Laboratory the Bombay Film Laboratories confirmed the arrangement set out in the letter of June 26, 1941.