1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4002 OF 2007 IN SUIT NO. 1857 OF 2007 Saregama India Limited. ... Plaintiff Vs Nasir Hussain Films Pvt. Ltd. ... Defendant Mr. Vishal Maheshwari i/b Khaitan & Co. for the Plaintiff. Mr. Mayuresh Borkar i/b DSK Legal for the Defendant. CORAM: S.J. VAZIFDAR, J. DATED : 14TH DECEMBER, 2009. P.C.: 1. The Defendant, who has taken out this Notice of Motion, had also filed an Arbitration Petition No.81 of 2007 for reliefs under section 9 of the Arbitration and Conciliation Act, 1996. The subject matter of the Suit and Arbitration Petition No.81 of 2007 are admittedly the same. By an order and judgment dated 4th May, 2007, Arbitration Petition No.81 of 2007 was dismissed on the ground that there was no arbitration arrangement. The 2 judgment has been upheld by the appeal court by an order and judgment dated 7th April, 2008 in Appeal No.457 of 2007. 2. In the circumstances, the above Notice of Motion, which seeks a stay of the Suit on the ground that there exists an arbitration arrangement is liable to be dismissed. 3. The Notice of Motion is, therefore, dismissed.