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2009 Supreme(Bom) 980

ANOOP V.MOHTA
Y. T. Entertainment Limited – Appellant
Versus
One More Thought Entertainment Pvt. Ltd. – Respondent


Advocates appeared:
For the Petitioner:S.U. Kamdar, Sr. Counsel with H.N. Thakore i/b. M/s.Thakore Jariwalla & Associates, Advocates. For the Respondents:R1, R2 & R3, Virag Tulzapurkar, Sr. Counsel with Vineet Naik, i/b. Naik, Naik & Co., Advocates.

JUDGMENT:


1. The petitioner has invoked Section 9 of the Arbitration & Conciliation Act, 1996 (for short, the Act) for various reliefs of injunction, protection against respondents 1 to 3 on the foundation of arbitration clauses in the Agreements dated 26.12.2007, 08.05.2008, 27.10.2008 and specifically last Deed of Settlement dated 07.04.2009 (the deed) confirming the liabilities and to make the payments by the instalments not, later than 30.06.2009. The amount of Rs.7,25,00,000/- (Rupees seven crore twenty five lacs), was due as per above three Agreements. It was mutually settled and reduced to Rs.5,01,00,000/- (Rupees five crore and one lac), towards full and final settlement. The respondents failed to make payment and as except, one, all other cheques were bounced. Therefore, the petition.


2. The basic clauses of the Deed are as under:


“(8) The mode of payment and due date is the essence of this arrangement and we agree to make the payment as stated above. In case if we fail to repay any of the installment as per the above mode of payments, then the amount paid by us till then shall be forfeited and this letter of arrangement shall stand cancelled and terminated and in additio


































































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