ZEE ENTERTAINMENT ENTERPRISES LIMITED Vs. SUNEEL DARSHAN

JUDGEMENT

(1.) THE Appeal arises from a judgment delivered by a learned Single Judge on 4 July 2012 on a Chamber Summons that was taken out by the Appellant in the course of execution proceedings. By the Chamber Summons, the Appellant had sought a direction for setting aside the warrants of attachment which were levied under Order 21 of the Code of Civil Procedure, 1908 in respect of the immovable and movable properties of the Appellant. The learned Single Judge dismissed the Chamber Summons.

(2.) ASIA TV Limited (ATL) is a company registered in the United Kingdom and is a distributor of the ZEE TV Network Channels. The First Respondent claims a copyright in a film titled "Talash " and his grievance was that the film had been unauthorisedly broadcast on 27 March 2005 at 12 noon (GMT) without authorisation. There was an exchange of correspondence between ATL and the First Respondent. ATL stated that there was an inadvertent telecast on one occasion which had not earned any revenue, but with a view to avoiding further litigation, ATL, UK offered an amount of Rupees One lakh by way of settlement.

(3.) ON 25 May 2011, the Association forwarded to the Appellant a copy of an "Award " passed by the Dispute Settlement Committee directing the Appellant to pay to the First Respondent an amount of Pound Sterling Ninety thousand together with interest at the rate of 9% per annum, if the amount was not paid within two weeks from the receipt of the "Award ". According to the Appellant, being dissatisfied with the decision of the Dispute Settlement Committee, it invoked arbitration under Article 32(B) of the Bye-laws on 24 June 2011.