Arbp36.10gp 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 36 OF 2010 Kishor Bute ...Petitioner. Vs. S.A. Gems Pvt. Ltd. & Ors. ...Respondents. AND ARBITRATION PETITION NO. 37 OF 2010 Ziaur Rahman ...Petitioner. Vs. S.A. Gems Pvt. Ltd. & Ors. ...Respondents. AND ARBITRATION PETITION NO. 38 OF 2010 Virendra K. Sharma ...Petitioner. Vs. S.A. Gems Pvt. Ltd. & Ors. ...Respondents. AND ARBITRATION PETITION NO. 39 OF 2010 Sajid Ahmed Rangrez ...Petitioner. Vs. S.A. Gems Pvt. Ltd. & Ors. ...Respondents. AND ARBITRATION PETITION NO. 40 OF 2010 Omprakash Parjapati ...Petitioner. Vs. S.A. Gems Pvt. Ltd. & Ors. ...Respondents. AND Arbp36.10gp 2 ARBITRATION PETITION NO. 41 OF 2010 Jayram Kolekar ...Petitioner. Vs. S.A. Gems Pvt. Ltd. & Ors. ...Respondents. Mr. Santosh Mishra i/by Mr. A.M. Saraogi for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 8TH FEBRUARY, 2010. P.C.- 1 In all the above Petitions, the Petitioners, Artists/ workers, invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act), for interim relief/protection against the Respondents including the Indian Motion Pictures Producer’s Association (for short "the Association"). 2 Except the averments made in Paragraph No.4 of the Petition, there is no correspondence, written documents and/or any material to show that there is any Arbitration agreement between the contesting parties, basically between the Petitioner and Respondent No.1. The Petitioner is member of Cine & TV Artists Association, Respondent No.2. 2 The Petitioner, however, by letter dated 17th December, 2009 lodged the complaint against the Indian Motion Pictures Producer’s Association. It is still pending. In absence of any written document and/or any writing to Arbp36.10gp 3 show that there is any arbitration agreement between the Petitioner and Respondent No.1 and as there exists the Arbitration clause therefore, Section 9 Petitions as filed, are not maintainable. 3 However, I am not deciding any rights of the petitioners, which they are entitled to invoke and move before the appropriate forum. 4 All the Petitions are therefore, dismissed for want of jurisdiction. No costs. (ANOOP V. MOHTA, J.)