JAIN PICTURES JODHPUR Vs. SUPRA FILMS

JUDGEMENT

(1.) AT the instance of plaintiff appellant this Special Appeal under Section 18 of the Rajasthan High Court Ordinance is directed against the judgment of the learned Single Judge dated 9. 9. 1985 upholding finding of the trial court on the preliminary issue, as to maintainability of suit being barred by the provisions of Section 32 of the Arbitration Act.

(2.) THE material facts relevant for the disposal of this special appeal, briefly stated, are that the defendant M/s. Supra Films had produced the Picture "jyot JALE" and entered into an agreement regarding the said Picture with the plaintiff M/s. Jain Pictures on 12. 9. 1968 for exhibition in Central India. It is averred that there is an association of Indian Motion Pictures Producers. (Shortly known as IMPPA ). THEre is another association named as Central Circle Cine Association of which the Exhibitors and Distributors of the pictures are members. (shortly known as CCCA ). As per the agreement between the parties any dispute between the producers and exhibitors of the films was to be referred to them to resolve it by way of arbitration. THE second defendant Tilak Films Distributors, Ajmer was appointed as Distributor for Rajasthan Centre. A dispute arose between the parties with respect to payment of the certain amount. All the disputes between the M/s. Jain Pictures, M/s. Supra Films and Tilak Films Distributors were referred for arbitration to the Joint Tribunal of CCCA & IMPPA. THE Plaintiff participated in the arbitration. THE Joint Tribunal made an award dated 8. 9. 69. THE Bombay High Court by order dated 3. 4. 70 made the said award rule of the court. THE plaintiff filed same claim before another Tribunal on 23. 04. 1970 which was rejected on 21. 8. 71 on the ground that the plaintiff had not complied with the decree passed by the High Court. THE plaintiff also filed an application before the Bombay High Court for setting aside the decree but the same was dismissed by the High Court. After having failed before the Bombay High Court and both the Joint Tribunals the plaintiff filed a Suit in the court of District Judge, Jodhpur on 16. 9. 71 for a decree in the sum of Rs. 32,632. 60 against the defendant. THE plaintiff also sought a declaration to the effect that decree dated 3. 4. 70 passed by the Bombay High Court in favour of the first defendant and against the plaintiff on the basis of the award dated 8. 9. 69 stands adjusted and there is nothing due against it. THE suit was contested by the defendant on number of grounds. THE defendant raised the plea that the suit was not maintainable being barred by Section 32 of the Arbitration Act. On the material controversy trial court framed as many as 11 issues. THE issue No. 3 was decided as a preliminary issue, which reads as follows:- " Whether the present suit is barred under the provisions of Sec. 32 of the Arbitration Act?"

(3.) THE Apex Court in Smt. Rukmani Bai Gupta vs. Collector, Jabalpur & Ors. (supra) has observed in Para 10 as follows:- " Arbitration Act, 1940, is a self-contained and exhaustive code. It provides for filing arbitration agreement to the jurisdiction of Court, appointment and removal of arbitrator by court, making award a rule of Court, remitting or setting aside an award, etc. Where the arbitrator has made an award it can be questioned under Section 33. Section 32 bars a suit on any ground whatsoever for contesting an award and further provides that no award shall be enforced, set aside, amended, modified or in any way affected otherwise then as provided in the Arbitration Act itself. Thus, Arbitration Act, 1940, is a self-contained exhaustive code. "