1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.175 OF 2009 WITH CIVIL APPLICATION NO.213 OF 2009 Eros International Media Private Limited ..Appellant V/s Bihar & Jharkhand Motion Pictures Association ..Respondents & ors Mr.Shyam Mehta with Mr.Akshay Patel i/b.Mr.R.M.Azim, Advocate, for the appellant Mr.A.M.Saraogi, Advocate, for the respondent Nos.1 & 2 Mr.V.P.Sawant, Advocate, for the respondent No.3 CORAM : R.M.SAVANT, J. DATE : 9TH FEBRUARY, 2009 P.C. . Not on board. 2. Mentioned. 3. Taken onboard. 2 4. This appeal takes exception to the Order dated 7th February, 2009, passed by the learned Judge of the City Civil Court, Dindoshi, Mumbai by which order the ad-interim relief was refused to the appellant/plaintiff. The plainiff has filed a suit being S.C.Suit (L) No.247 of 2009. The main substantitve prayers in the said suit are prayer clauses (a) & (b)which are reproduced heren under :- “That this Hon'ble Court be pleased to declare that the purported Complaint dated 02.01.2009 (Exhibit “B” hereto) and all consequential proceedings in respect thereof including the purported ex-parte ad-interim order dated 02.01.2009 (Exhibit “C” hereto) and Caution dated 05.01.2009 (Exhibit “D” hereto) passed and issued by Defendant No.1 restraining the release of the Plaintifff's film “Billu Barber” and other forthcoming films to be released by them in the territory of Bihar and Jharkhand is ab-initio illegal, suffers from inherent lack of jurisdiction, non-est, null and void and not binding on the Plaintiff and Defendant No.3. The Hon'ble Court by permanent order and injunction be pleased to restrain Defendant Nos.1 and 2 from (i) continuing, proceeding or pursuing further with the purported Complaint dated 02.01.2009 (Exhibit “B” hereto); (ii) acting or enforciing on the purported ex-parte order dated 02.01.2009 (Exhibit “C” hereto) and Caution dated 05.01.2009 (Exhibit “D” hereto) or in any manner interfering, intermeddling with or acting in any manner which obstructs, impedes, hinders or inhibits the release of the film 3 “Billu Barber” and other forthcoming films to be released by the Plaintiff in the territory of Bihar and Jharkhand.” 5. The plaintiff has filed Notice of Motion interim reliefs pending the said suit. Prayer clause (c) of the said Notice of Motion is the prayer for interim relief. 6. It is the case of the plainiff that the film “Billu Barber” is slated for the release on 13th February, 2009, all over India including the states of Bihar and Jharkhand. The respondent No.2 herein has approached the respondent no.1 by way of a complaint dated 2nd January, 2009. The sum & substance of the complaint is that there is an unrecouped investment against pictures for the territory of Bihar and Jharkhand qua the plaintiff for an amount of Rs.33,51,548/-. It appears that cognizance of the said complaint was taken by the defendant No.1, and certain orders passed by the respondent No.1 pursuant to which the plaintiff has also filed its reply contending that it owes an amount of Rs.2,10,000/- to the defendant No.2 and various other contentions have been raised in the said reply ultimately seeking dismissal of the said complaint. Another reply dated 24th 4 January, 2009 was also filed by the plaintiff questioning the jurisdiction of the defendant no.1 to enter into the reference made by the defendant no.2. 7. Both the learned counsel for the parties have made submissions on the non-existence and the existence of the Arbitration Agreement. It is contended on behalf of the plaintiff that the proceedings commenced by the form of reference dated 2nd January, 2009 could not be termed as arbitration proceedings. Whereas it is contended on behalf of the defendant Nos.1 & 2 that the said proceedings are arbitration proceedings and therefore, against any order passed in the said proceedings the plaintiff would have to take re-course to the Arbitration & Conciliation Act,1996 for getting the said order set aside before the appropriate Court. 8. Be that as it may, since the Appeal is filed against the refusal of ad-interim relief to the plaintiff and in view of the fact that the plaintiff through its counsel Mr.Shyam Mehta makes a statement that the amount of Rs.33,51,548/- would be deposited by the plaintiff 5 to secure the interest of the defendant Nos.1 & 2, in my view, there is no need to go into the rival contentions at this stage. The plaintiff has approached this Court on an urgent basis as the film “Billu Barber” is slated for the release on 13th February, 2009, all over India and the prints are to be sent latest by tomorrow. In my view, therefore,the appeal can be finally disposed of by passing the following order. O R D E R (i) The plaintiff to deposit an amount of Rs.33,51,548/- on or before 11th February, 2009 by 5.00 P.M in the City Civil Court, Bombay. (ii) On such deposit being made by the plaintiff, the plaintiff would be entitled for interim reliefs in terms of prayer clauses C(i) and C(ii) pending the hearing and final disposal of the Notice of Motion. (iii) The City Civil Court is directed to hear and dispose of the Noice of Motion within a period of 16 weeks from date. (iv) The defendants to file their affidavit in reply to the Notice of Motion within a period of four weeks. Rejoinder, if any, to be filed within a period of two weeks thereafter. (v) Needless to say that the said Notice of Motion would be decided on its own merit and in accordance with law uninfluenced by the earlier Order dated 7th February, 2009 and the instant order. (vi) The above Appeal from Order is accordingly disposed of. (vii) All the contentions of the parties are expressly kept open. 6 9. In view of the disposal of the Appeal from Order, Civil Application does not survive and the same is accordingly disposed of. 10. At this stage Mr.A.M.Saraogi makes an application for stay of the order to the extent of the grant of interim relief in terms of prayer clauses c(i) and c(ii). In the facts and circumstances of the case, wherein the plaintiff has deposited the entire amount allegedly due to the defendant No.2, prayer refused. (R.M.SAVANT, J.)