SHAKEEL NOORANI Vs. SANJAY DUTT

JUDGEMENT

(1.) THIS chamber summons has been filed by the respondent praying that the execution application filed by the claimant be dismissed and the attachment levied on his flat No. 1101, Imperial Heights 58, Nargis Dutt Road, Pali Hill, Bandra (W) Mumbai 400050 (suit property) be raised and/or set aside. The primary ground of challenge is that the decision given by the committee of ''Indian Motion Picture Producers ' Association '' (IMPPA) on 28th January 2010 is not an arbitral award as contemplated under the Arbitration and Conciliation Act, 1996 (the Act) and consequently no execution proceedings under the provisions of the Code of Civil Procedure, 1908 (CPC) could be initiated for enforcement thereof.

(2.) THE facts relevant to the dispute are as follows: -

(3.) MR . Thorat, further submitted that the respondent was not even a member of Indian Motion Picture Producers' Association (IMPPA) and hence not bound either by their Memorandum and Articles of Association or by their bye -laws, rules and regulations, if any. According to Mr. Thorat, as per the Memorandum and Articles of the Association of IMPPA, the respondent was not even eligible to become their member. He stated that M/s. Sanjay Dutt Productions Pvt Ltd, a company incorporated under the Companies Act, 1956 was a member of IMPPA and that he was a director of the said company. He contended that in the present case the complaint was admittedly filed against the respondent in his personal capacity and not as a director / nominee of his Company, namely M/s. Sanjay Dutt Productions Pvt. Ltd. In view thereof, he submitted that in any event, any decision given by IMPPA directing him to make any payment or forcing him to allot any days of shooting to the claimant was non -est and not binding upon the respondent. Consequently no such decision could be enforced taking recourse to execution proceedings in this court.