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2013 Supreme(Bom) 245

R.D.DHANUKA
Moser Baer Entertainment Limited – Appellant
Versus
Goldmines Telefilms Private Limited – Respondent


Advocates appeared:
For the Petitioner:D.K. Singh, a/w. Sandeep Manubarwala, Kalpesh Joshi, Advocates.
For the Respondent:J.P. Sen, a/w. Ms. Hetal Thakare, Vaibhav Bajpai, i/b. Thakore Jariwala & Associates, Advocates.

Judgment :

By this petition filed under section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (for short `Arbitration Act, 1996’), the petitioner seeks to challenge an order passed by the learned arbitrator granting interim measures in favour of the respondents on application filed under section 17 of the Act. Some of the relevant facts for the purposes of deciding this petition are setout hereunder:-

2. By an agreement dated 28th February, 2012 entered into between the petitioner and the respondent, the respondent granted sole and exclusive rights to the petitioner to manufacture, record, copy, sell and distribute various films through DVDs, VDCs and all devices for the home video markets in the territory of India. The said agreement was to commence w.e.f. 1st March, 2012 and the terms of the agreement was of three years. The said agreement however provided for one year lock in period under clause 3.1. Clause 1.4 provided that the petitioner was given a right to exploit the film rights at the prices to be fixed by them from time to time based on market requirement. Clauses 1.6 and 5.1 to 5.3 of the said agreement are extracted below:-

1.6 Copyright Holder hereby grants a non






















































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