Ufo Moviez India Limited And ANR v. P. S. Sekar

sat 1/2 arbp 910-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 910 OF 2016 UFO Moviez India Ltd. & Anr.

...Petitioners

vs P.S. Sekar

...Respondent

Mr.Rohan Savant with Devashish Godbole I/b. ALMT Legal for Petitioners. CORAM : S.C.GUPTE, J.

DATE : 19 DECEMBER 2018 P.C. :

Heard learned Counsel for the Petitioner. The Respondent is absent though served. An affidavit in proof of such service is on record. This petition seeks various interim reliefs. Between the date the petition was filed and today, several events have taken place which have rendered some of the prayers in the petition infructuous. The lock-in period of the original agreement between the parties, under which the Petitioner had claimed some of these reliefs, has come to an end. Besides, the Respondent has already instituted the equipment and content, which was sought to be prevented in the present petition. In the premises, though the Respondent does not appear and show cause, this court is of the view that appropriate interim relief may be granted only in terms of prayer clause (f), which seeks disclosure of the Respondent's assets and securities. Based on this disclosure, the Petitioner may apply for interim reliefs before any arbitral forum constituted for adjudication of disputes and differences under Section 17 of the Arbitration and Conciliation Act.

sat 2/2 arbp 910-2016.doc Accordingly, the petition is allowed in terms of prayer clause (f). All rights and contentions of the parties on merits of the controversy including the Petitioner's right to apply for suitable interim or any other relief on the basis of the allegations and averments in the present petition, are kept open.

(S.C. GUPTE, J.)