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2014 Supreme(Bom) 1638

R.P.SONDURBALDOTA
Gaurang – Appellant
Versus
Vinay A. Choksi – Respondent


Advocate Appeared:
For the Petitioner:Ashok S. Davar, a/w. Datta Mane i/by. Dinesh C. Shah, Advocates.
For the Respondent:Kishor Jain with Nisha Parmar, i/by. Mamta A. Shah, Advocates.

Judgment

1. This petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”) challenges the arbitral award dated 10th August, 2008 made by “Sub-Committee of Producers Grievances Cell and In-House Settlement” (for short “the Committee”) of Indian Motion Picture Producers Association (IMPPA). The challenge to the award is on three grounds. Firstly that, there is no arbitration agreement between the petitioner and the respondent. Therefore, the learned arbitrator had no jurisdiction to decide the dispute between the parties. Secondly that, the notice of the arbitral proceedings had not been served upon the petitioner. And thirdly that the award deals with the dispute which is beyond the statement of claim. The respondent contests the petition contending that the same is barred by the law of limitation and also on merits.

2. Briefly stated the facts of the dispute decided by the arbitral award are as follows:-

One Vinod Doshi (since deceased), father of the petitioner, carried on business of film production in the name and style of “M/s. V.R. Pictures”. He intended to produce a Hindi feature film titled “Trishul-The Ga
































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