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C. HARI SHANKAR
Pinaka Studios Pvt. Ltd. – Appellant
Versus
MX Media And Entertainment Pte Ltd – Respondent
JUDGMENT :
1. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996, (“the 1996 Act”), seeking certain pre-arbitral interim reliefs.
Facts:
2. The dispute emanates out of a production agreement dated 10th March, 2021, between the petitioner and the respondent. The production agreement contained the following clause, envisaging resolution of the disputes between the parties by arbitration:
3. The opening recital ‘A’ in the agreement stated that the respondent, who was engaged in the business of developing, producing and distributing audio and video entertainment and other related activities, had developed, produced and exploited a web series,
Section 9 of the 1996 Act cannot be used as a tool to compel the opposite party to pay money to the claimant.
A contract is not concluded until there is consensus ad idem between the parties.
A party seeking interim relief under Section 9 of the Arbitration & Conciliation Act must demonstrate a manifest intention to invoke arbitration proceedings, which was not established by the petition....
A valid and enforceable contract requires mutual agreement on essential terms; ongoing negotiations and unsigned agreements do not establish legal obligations.
The court emphasized the arbitrability of certain disputes and the grant of injunctions based on a prima facie case of unauthorized trademark use.
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