: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.125 OF 2010 Y.T. Entertainment Pvt. Ltd. .. Petitioners v/s. M/s. Tulsi Ramsay Production and Anr. .. Respondents ......... Mr. H.N. Thakore i/by Thakore Jariwala & Associates for the petitioners Mr. G.B. Kedia for respondent nos.1 and 2. ......... CORAM : R.Y.GANOO, J. DATE : 29th MARCH, 2010. P.C. : 1. Heard learned advocates on both sides for the purposes of disposal of this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act). After having heard advocates on both sides, following facts can be conveniently recorded. (i) The petitioners had agreed to extend the loan facility to the respondents by agreement dated 29th July, 2006 for the purposes of producing the film. The petitioners have paid a sum of Rs.45 lakhs to the : 2 : respondents between 1st August, 2006 to 11th April, 2007. The said amount of Rs.45 lakhs has not been repaid as contended by the petitioners. The unfinished reels of the petition film by name “Ek Raat” are presently lying in physical custody of the Adlabs Films Ltd., Mumbai. In the books of Adlabs Films Ltd., negative rights of the petitioners are recorded and this will mean that unless those negative rights are squared off, the film cannot come out from Adlabs Films Ltd. for exhibition. (ii) Learned advocate Mr. Kedia submitted that the film is not complete in all respect and certain jobs as regard sound recording is required to be carried out. 2. Considering the various aspects in the matter, it would be convenient to record the statement of the learned advocate for the respondents that so long as the negative rights of the petitioners are on record of Adlabs Films Ltd., the said reels cannot come out from the Adlabs Films Ltd. At the same time respondents wanted liberty to approach the Adlabs Films Ltd. and perform the job of sound recording so that the film would be completed in all respects. The petition can be disposed of by making certain clarification as under, in the form of the aforesaid discussion. The petition is disposed of by passing following order. : 3 : ORDER - So long as the negative rights held by the petitioners qua film “Ek Raat” purported to be produced by the respondents are recorded in the books of Adlabs Films Ltd., the film cannot be taken out for the purposes other than completing the preview, edition and / or sound recording. – If the respondents want to institute proceedings so as to have the negative rights held by the petitioners qua the petition film cancelled, the respondents shall give 72 hours notice to the petitioners so that the petitioners can appear in those proceedings and oppose such a request on the part of the respondents. – It is clarified that if Adlabs Films Ltd. does not have facility of sound recording, the preview etc., the respondent are permitted to take the film out of the Adlabs Films Ltd. under the supervision and control of the petitioners and that the respondents shall after performing the job, bring back the reels and lodge it with the Adlabs Films Ltd. All contentions are left open to be raised by the parties before the learned Arbitrator. [R.Y.GANOO, J.]