AMAR TALKIES, SAGAR Vs. APSARA CINEMA

JUDGEMENT

(1.) THE plaintiff has preferred this revision against the order of the lower appellate Court vacating the ad interim injunction granted to it by the trial Court restraining the defendants from exhibiting the film "Ganga -ki -Sougandh' in the Apsara Cinema at Sagar.

(2.) THE plaintiff, Amar Talkies and defendant No.1, Apsara Cinema are exhibiting of cinema films in two different talkies at Sagar bearing their respective names. Defendant No. 2 -M/s. Prabodh Picturcs and defendant No.3 M/s Veena Raju Pictures are distributors of films. All the parties in this suit are members of the Central Circuit Cine Association, Bhusawal (hereinafter referred to as the C. C.C.A.) and subject to the rules framed by the said Association including the Standard Film Renting Contracts.

(3.) THE learned trial Judge granted an exparte and interim temporary injunction on 8 -2 -78 restraining the defendants from exhibiting the film 'Ganga -ki -Sougandh' at Sagar. Notices were issued to the defendants to show cause, returnable by 27 -2 -78. It appears that on 17 -2 -78 the defendants filed two applications, one was an application under section 34 of the Arbitration Act for stay of the suit on the ground that there is an arbitration clause in the plaintiff's contract date 15 -12 -75 and that all disputes are to be settled by the Court of Arbitrators mentioned therein. In fact the dispute had already been referred to the Court of Arbitrators and an interim injunction had been issued by the Arbitrators restraining the plaintiff from interfering with the exhibition of the film 'Ganga ki Sougandh' in the Apsara Cinema at Sagar. The second application was filed under section 151 of the Code for vacating the ad interim temporary injunction, The defendants also pleaded that the plaintiff's contract with the defendant No.2, dated 5 -12 -75, expired by afflux of time on 5 -12 -77 and as such, the plaintiff is not entitled to any relief on the basis of that contract. The defendants did not file any reply as such to the plaintiff's application for a temporary injunction.