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2012 Supreme(Bom) 1965

R.D.DHANUKA
Spice Digital Ltd. – Appellant
Versus
Vistaas Digital Media Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant:D.D. Madon, Sr. Advocate alongwith Sanaya Dadachanji alongwith Amit Chavan along with Tanvi Dudeja & Ujwal Trivedi i/by M/s. Manilal Kher Ambalal & Co., Advocates.
For the Respondent:Pradip Sancheti, Sr. Advocate alongwith Nirmay Dave along with Mayur Agarwal i/by M/s. Bilawala & Co., Advocates.

Judgment

1. By this appeal filed under Section 37(2)(b) of Arbitration & Conciliation Act, 1996 (for short Arbitration Act, 1996) though lodged as petition, the appellant (original claimant/applicant before the arbitral tribunal) seeks to challenge the order dated 16th August, 2012 passed by the learned arbitrator rejecting the application for interim relief sought by the appellant under section 17 of the Arbitration Act, 1996. Some of the relevant facts which emerge from the pleadings and documents filed by both the parties are:

2. The company carries on business of telecom value added services. The respondent is carrying on business of telecom content aggregation. It is the case of the appellant that the respondent approached the appellant in the month of September, 2009 with a proposal for providing “Live Aarti” feed from Shree Shirdi Saibaba Shrine, Shree Siddhivinayak Temple, Mumbai and Shree Kashivishwanath Temple, Varanasi and certain other shrines and sought the appellant's support and assistance in developing the market for the said service. The appellant accordingly entered into an agreement with the respondent for a period of three months.

3. On 11th June, 2010 the parti
























































































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