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2010 Supreme(Cal) 836

BHASKAR BHATTACHARYA, J.N.PATEL
Brand Value Communications Ltd. – Appellant
Versus
Eskay Video Private Ltd. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Jayanta Kumar Mitra, Raja Basu Chowdhury, Arup Bhattacharya, Sutapa Sanyal and Ashim Chatterjee, Advs.
For Respondents/Defendant: Siddhartha Mitra, Manju Bhuteria and Roopa Sheth Mitra, Advs.

JUDGMENT

Bhaskar Bhattacharya, J.

1. This appeal is at the instance of a respondent in a proceeding under Section 9 of the Arbitration and Conciliation Act (hereinafter referred to as the Act) and is directed against an order dated 16th June, 2010 passed by a learned Single Judge of this Court by which His Lordship disposed of the said application under Section 9 of the Act initiated by the present respondent by directing the appellant before us to deposit a sum of Rs. 2 crore with the Registrar, Original Side, which would abide by the result of the reference. While passing such direction, His Lordship was of the view that the sum of Rs. 2 crore, which the present appellant had been directed to pay, was assessed at on the tentative assessment of the fact that 75 films were offered under the Memorandum of Understanding. The Registrar, Original Side was directed to invest the amount in a fixed deposit with a nationalized bank and forward the copies of the fixed deposit receipt to the parties.

2. Being dissatisfied, the respondent in the proceeding under Section 9 of the Act has come up with the present appeal.

3. The facts giving rise to filing of the application under Section 9 of the A

























































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