Case Note & Summary
The petitioner, Mr. Prem Mohanlal Girdhani, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief to restrain the respondent, M/s. Percept Picture, from releasing the film 'KAMAAL DHAMAAL MALAMAAL' scheduled for release on 28th September 2012. The petitioner claimed that he had registered a script/story titled 'TERE CHAKKAR MEIN' with the Writers' Association in 2008, and that the respondent's film was based on a similar story without his permission. He alleged that there was an arbitration agreement permitting him to lodge complaints with the Writers' Association and IMPPA, and that he had filed complaints on 8th and 11th September 2012, but the committees were not available for adjudication. The court noted that the petitioner failed to produce any document evidencing the alleged arbitration agreement or any agreement with the respondent regarding the script. The court held that without a prima facie case and without establishing the existence of an arbitration agreement, no interim relief could be granted under Section 9. The petition was dismissed with no order as to costs.
Headnote
A) Arbitration - Interim Relief under Section 9 - Prima Facie Case - The petitioner sought injunction against release of film alleging copyright infringement of his registered script, but failed to produce any agreement or evidence linking the respondent to the alleged infringement - Held that without prima facie case, no interim relief can be granted (Paras 2-4). B) Copyright - Infringement - Burden of Proof - The petitioner claimed his script registered in 2008 was used without permission in respondent's film, but no material was placed to show similarity or access - Held that mere registration does not prove infringement without evidence (Paras 2-4). C) Arbitration - Existence of Arbitration Agreement - The petitioner alleged an arbitration agreement but produced no document to support it - Held that Section 9 petition cannot be maintained without establishing existence of arbitration agreement (Paras 2-4).
Issue of Consideration
Whether the petitioner is entitled to interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, restraining the respondent from releasing the film 'KAMAAL DHAMAAL MALAMAAL' pending arbitration, based on alleged copyright infringement of the petitioner's registered script/story.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Section 9 of Arbitration and Conciliation Act
- 1996
- prima facie case
- balance of convenience
- interim injunction
- copyright infringement
- arbitration agreement
