Goldmines Telefilms Private Limited v. Vijay Chandar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.166 OF 2024 Goldmines Telefilms Private Limited ...Applicant

Versus

Vijay Chandar

...Respondent

Mr. Aurup Dasgupta a/w. Drshika Hemnani i/b. Jhangiani, Narula & Associates, Advocate for Applicant.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : JANUARY 23, 2025 PC :

1.

This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act") seeking appointment of an arbitrator in connection with disputes and differences relating to an agreement titled "Screenplay Writer-Director Agreement", which is dated October 23, 2023.

2.

It is seen from the record that the arbitration agreement is contained at Clause 13 of the agreement, which is found at Page 94 of the Application. In the interest of brevity, the same is not being extracted here. Suffice it to say, this Court has jurisdiction in the by AARTI GAJANAN PALKAR Date:

2025.01.28 17:54:02 +0530 matter.

AARTI GAJANAN PALKAR

3.

It is also seen from the record, that the arbitration had been invoked on February 14, 2024 and it is evident that the invocation notice was indeed delivered to the Respondent. 4.

On September 23, 2024, a Learned Single Judge of this Court dealing with this Application along with another Arbitration Petition (L) No.4376 of 2024 and Arbitration Application No.154 of 2024 was pleased to appoint an arbitrator to deal with disputes and differences arising out of a film remaking agreement relating to the very same film. It is evident from the record that the agreement covered by this Application is an integral part of a contemporaneously executed framework of rights among the parties. Consequently, it would be efficient and appropriate to refer disputes and differences arising out of the agreement covered by this Application to the very same Learned Sole Arbitrator, so that all issues could be dealt with by the arbitral tribunal comprehensively. This would also helps the parties achieve economies of scale and keep their costs down. 5.

In these circumstances, this Application is finally disposed of appointing the Learned Sole Arbitrator who came to be appointed on September 23, 2024 in Arbitration Application No.154 of 2024 read with Commercial Arbitration Petition (L) No.4736 of 2024 on the same terms as set out in the order dated September 23, 2024.

6.

The Applicant shall serve a copy of this order on the Respondent and the advocates representing the Respondent in the proceedings currently underway. The parties shall approach the Learned Sole Arbitrator at a time convenient to him no later than January 30, 2024 and seek further directions for carrying the matter forward. 7.

The Application is finally disposed of in the aforesaid terms. 8.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.]