IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1413 OF 2008 IN ARBITRATION PETITION NO.488 OF 2007 Ms.Kunickaa Sadanand Lall .. Petitioner Versus Asian Communication Telefilm Original Pvt Ltd & Ors. .. Respondents And M/s.Goldmines Telefilms Pvt Ltd. .. Respondents Mr.A.M.Saraogi i/by Mr.R.R.Varma for the petitioner. Ms Jyoti Ghag i/by Thakore Jariwala & Associates for the respondent no.2. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 28th November 2008. : 28th November 2008. : 28th November 2008. P.C.: . Heard learned counsel appearing for the petitioner in support of the Chamber Summons. The petitioner has filed the arbitration petition under section 9 of the Arbitration and Conciliation Act, 1996. In the present Chamber Summons, the prayer is for permitting amendment of the main petition under section 9 for impleading M/s.Goldmine Telefilms Limited as a party respondent no.4 to the said petition. 2 2. The learned counsel appearing for the petitioner pointed out that an affidavit has been filed to the main petition by the 2nd respondent therein stating that the 2nd respondent is not concerned with the T.V serial subject matter of the main petition but the proposed respondent company is concerned with the said serial. He pointed out that as the proposed respondent is claiming through the 1st respondent, the Chamber Summons deserves to be made absolute by permitting impleadment of the said company. He has invited my attention to various clauses of the Articles of Agreement made and entered into between the 1st respondent and the petitioner. He invited my attention to clauses 5 and 7 of the said agreement. 3. After having heard the learned counsel appearing for the petitioner, I find that no case has been made out for permitting the amendment. The proposed respondent is not a party to the agreement which provides for the arbitration clause. Clause 5 of the agreement records that the producer i.e the 1st respondent has created lien in favour of the proposed respondent in the sum of Rs.12,50,000/-. The scope of the petition under section 9 of the said Act is limited. The proposed respondent is not a party to the 3 arbitration agreement. In the circumstances, the petitioner will have to be adopt independent remedy against the proposed respondent. Therefore, amendment permitting impleadment of the proposed respondent cannot be allowed. Chamber summons is accordingly dismissed. However, dismissal of the chamber summons will not prevent the petitioner from adopting appropriate remedy against the proposed respondent in accordance with law and all contentions in that behalf are kept open. (A.S.Oka,J)