1 25.arbp.982.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION skt ARBITRATION PETITION NO.982 OF 2010 Syed Iqtidar Hussain ... Petitioner Vs. Mr.Vinod Chhabra & Ors. ... Respondents ...... Mr.Ranvir S. Shekhawat for the Petitioner. Mr.Satish Mishra i/by A.M.Saraogi for Respondent Nos. 1 & 3. ...... CORAM : S.J. VAZIFDAR, J. DATE : OCTOBER 11th, 2010. P.C. 1 This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. 2 The Petitioner claim to have the negative rights of the film in respect of a film produced by the Respondent No.3. 3 Respondent Nos. 1 & 2 are the partners of Respondent No.3. Respondent No.4 is Adlab Films Limited. 4 Respondent Nos. 1, 2 & 3 have no objection to the film being handed over to the Petitioner upon their undertaking to sell the rights therein and appropriate the proceeds towards their dues from Respondent Nos.1, 2 & 3 and thereafter handing over the balance of the sale proceeds, if any, to Respondent Nos. 1, 2 & 3. 2 25.arbp.982.10.sxw 5 Respondent Nos.1, 2 & 3, therefore, have no objection to an order in terms of prayer clause (a). However, there is every possibility of there being claims of third parties as well as claims of Respondent No.4 in respect of the same film. Such rights including of Respondent No.4 cannot be affected by any consent order between the Petitioner and Respondent Nos. 1, 2 & 3. 6 In these circumstances, the petition is disposed of by the following order : (i) Respondent Nos.1, 2 & 3 shall address a letter to Respondent No.4 agreeing to Respondent No.4 handing over the film to the Petitioner for the above purpose. The Petitioner’s undertakings noted above, are accepted. (ii) This order is without prejudice to the rights and contentions of third parties as well as of Respondent No. 4. If Respondent No.4 has any right in respect of the said film or if there are prior or pari pasu rights of third parties registered with Respondent No.4, it will not be necessary for Respondent No.4 to comply with the requisition that may be made by Respondent Nos. 1, 2 & 3. (iii) Liberty to Respondent No.4, to apply if necessary. -