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2008 Supreme(Del) 1083

RAJIV SAHAI ENDLAW
Cinevistaas Limited – Appellant
Versus
Prasar Bharati – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Neeraj Kishan Kaul, Sr. Adv., P.K. Bansal, Amit Kumar Singh, Shikha Sarin and Karun Mehta, Advs.
For Respondents/Defendant: Rajeev Sharma and Abhishek Birthray, Advs.

JUDGMENT

Rajiv Sahai Endlaw, J.

1. The petition titled as one under Section 11(6)(c) of the Arbitration and Conciliation Act, 1996 has been filed on the averments that the disputes and differences had arisen between the petitioner and the respondent which were subject matter of arbitration as per Clause 23 of the agreement between the parties and which is as under:

23. In the event of any dispute or difference between the parties hereto, such dispute or difference shall be resolved by mutual consultation. If such resolution is not possible then the same shall be referred to the Chief Executive of Prasar Bharati whose decision shall be final.

2. It is further the case in the petition that the respondent Prasar Bharati vide letter dated 3rd March, 2003 to the petitioner invoked the aforesaid Clause 23 of the agreement between the parties. The said letter is as under:

Sub: Notice to invoke Clauses 23 of Memorandum of Agreements.

Dear Sir,

1. You as Producer for various sponsored serials/programmes including

(i) Music Station; (ii) Noorjehan; (iii) Jai Mata Ki and (iv) Kati Patang Hai Life Yaaron signed 4 separate Agreements dated 07.04.1999, 01.09.1999, 07.10.1999 and 27.09.2000 respe




























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