acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1259 OF 2007 IN SUIT NO. 942 OF 2007 Firoz A. Nadiadwala ...Plaintiff. V/s. Bihar And Jharkhand Motion Pictures Association & Ors. ...Defendants. --- Mr. M. Desai i/b Desai Desai & Co, for the Plaintiff. Mr. Z.A. Jariwala a/w Ms. P.A. Mhatre i/b Thamkore Jariwala & Assoc. for Defendant no.3. ---- CORAM : S.J. VAZIFDAR, J. DATE : 14TH AUGUST, 2009. P.C. :- 1. Defendant no.1 which would be the main contesting party is absent. 2. The learned counsel appearing on behalf of the Plaintiff has fairly stated that he has been served with the affidavit-in-reply. He also states that he has prepared a affidavit-in-rejoinder. However, affidavit-in- reply has not been filed in court. 3. The only relief I am inclined to grant is in terms of prayer (a) restraining Defendant no.1 from proceeding with the arbitration as against the Plaintiffs. 4. This is for the reason that there is no arbitration agreement between the Plaintiffs and Defendant no.2. Defendant no.2 has commenced the arbitration. This is not a case where the validity or effect of an arbitration clause falls for the consideration of the arbitral tribunal. This is a case where there is no arbitration agreement between the Plaintiffs and Defendant no.2. 5. It is clarified, however, that this order shall operate between the Plaintiffs and Defendant nos.1 and 2. It shall not in any manner affect the arbitration between Defendant nos.2 and 3 and the jurisdiction of Defendant no.1 in respect thereof. 6. Mr. Jariwala, the learned counsel appearing on behalf of Defendant no.3 states that Defendant no.3 is also contesting the jurisdiction in the arbitration proceedings. That, however, is another matter with which I am not concerned in the present suit which is filed only by the Plaintiffs. If proceedings are adopted by Defendant no.3 needless to state that the same shall be decided on their own merits. 7. In the circumstances, the Notice of Motion is made absolute in terms of prayer (a), subject to the above clarification. The prayer (b) has become infructuous as the films have been released. Prayer (c) cannot be granted at this stage and can only be granted at the time of final hearing of the suit.