The instant petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996, (in short the Arbitration Act) challenging the Arbitral Award dated 28.08.2009, rejecting the claim of the petitioner made before the Arbitrator.

2. The brief facts leading to the filing of the instant petition are as follows:

The petitioner and the respondent entered into a Distribution Agreement dated 03.06.2007. The first respondent was the producer of the movie by name "SIVAJI". The petitioner approached the first respondent to appoint him as the distributor for the said picture in 35mm format for theatrical exploitation for the areas of Trichy and Tanjore for a period of five years. As per the Distribution Agreement, the consideration payable by the petitioner to the first respondent was Rs.6 Crores, as well as 50% of the petitioner's share from all the theatres in excess of the aggregate of Rs.6 Crores after adjusting the print and publicity expenses.

3. In accordance with the agreement, the petitioner paid the entire consideration of Rs.6 Crores to the first respondent. After the payment of the entire consideration, the movie was distributed for Trichy an