Judgment

SABYASACHI MUKHARJI, J. :- This is an application for leave to appeal under Article 136 of the Constitution from the order of the Division Bench of the Delhi High Court Affirming the order of the learned single Judge of that High Court. It appears that on March, 1983, there was an agreement fir distribution of film "Savere Wali Gadi" entered into between the parties, the petitioner as the distributor and the respondent as the producer. The agreement contained an arbitration clause. It is stated that a sum of Rs. 3 lakhs was paid by the petitioner and acknowledged by the respondent earlier to the execution of the said agreement and therefore, the first instalment payable under the agreement to the respondent of Rs. 3.40 laks was deemed to be adjusted. Under the aforesaid distribution agreement by 30th August, 1983, the respondent was to hand over the prints of the film by this date which he never did. In or about 1984 certain other moneys of about Rs. 3 lakhs were further advanced to the respondent. On 11th March, 1985 a further agreement was entered into between the parties whereby the respondent agreed to pay a total amount of Rs. 6.50 lakhs to the petitioner and the petit