1 arbp1179-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1179 OF 2010 Wits Interactive Pvt. Ltd. ....Petitioner V/s. Axiom Education Pvt. Ltd. & Anr. ....Respondents Mr.Siddharth Ronghe for the Petitioner. Ms.Sowmya Srikrishna i/b M/s.Kanga & Co. for Respondent No.2. CORAM : S.J. VAZIFDAR, J. DATE : 28TH JUNE, 2011. P.C. :- 1. This is a petition under section 9 of the Arbitration and Conciliation Act, 1996. 2. The parties had entered into two similar agreements dated 24.7.2009 and 21.12.2009. The petitioner was to provide certain services inter-alia of creating animated films for education purposes for and on behalf of the respondent. 3. According to the petitioner, the respondent has failed and neglected to pay the amounts due under the agreements. The petitioner therefore, invoked the arbitration agreement to recover the said sum. 4. It is not possible to grant any interim reliefs restraining the respondent from using the material created by the petitioner as under the terms of the agreement and in particular Article II thereof, all intellectual property in the said work was transferred to the respondent and it is 2 arbp1179-10 expressly provided that the petitioner shall not have any rights, claims or ownership therein. 5. The petition is dismissed. 6. The respondents have agreed to have the disputes including their counter claim referred to arbitration in accordance with the arbitration clause. The arbitration clause provides for an arbitral tribunal comprising of three arbitrators. However, both the parties desire to have the disputes referred only to a sole arbitrator keeping in mind the costs and convenience. Accordingly they have agreed and undertaken to refer to disputes and differences to the sole arbitration of Mr.Farhan Dubash, an advocate of this Court.