Topic: Avtar Singh and Co. Pvt. Ltd. v. S.S. Enterprises - Section 25 CPC for transfer of the suit

Avtar Singh and Co. Pvt. Ltd. v. S.S. Enterprises
Equivalent citations: JT 1996 (3), 385 1996 SCALE (2)869 - Bench: Ramaswamy, K., G.B. Pattanaik (J) - Citation: Jt 1996 (3) 385 1996 Scale (2)869 - Date Of Judgment: 11/03/1996

JUDGMENT:

O R D E R

We have heard learned counsel on both sides. In this case, admittedly, there was an agreement dated February 28, 1985 which M/s. S.S. Enterprises, a partnership firm had with R. Venketraman for the distribution of film 'Aag Ka Dariya'. It would appear that subsequently there was an agreement dated 7.10.1993 in favour of the petitioner M/s. Avtar Singh & Co. Pvt. Ltd. in    respect of the same film. In respect of the distribution    of the said film now three suits are pending. The first suit was    filed by R. Venkataraman in     the City Civil Court    at Bombay wherein he has claimed that the agreement dated    January 28, 1985 was cancelled and has sought an injunction against M/s.    S.S. Enterprises. The second suit,    viz.,    Suit No.1136/95     was filed by the petitioner on the Original Side of the High Court of Madras for declaration of his rights under     the later agreement and also for an ad-interim injunction which was granted. That interim injunction which was confirmed by the single Judge and was upheld by the Division Bench on appeal which is the subject matter of SLP (C) Nos.27695- 96/95 pending in this Court. Therefore, we need not go into the correctness     or otherwise of the injunction granted in that behalf. The third suit was filed by the respondent S.S. Enterprises, viz., Suit No.3793/95 on the Original Side of the Bombay High Court     subsequent to     the order of     the injunction granted by the learned Single Judge of the Madras High Court. The respondent had an ad-interim injunction in that suit. We are informed that contempt proceedings are pending pursuant to the order of injunction granted by the learned single    Judge. In this behalf also, we need not go into that controversy as well and the parties are at liberty to have     the matter disposed of by the learned Single Judge in those contempt proceedings.

The only question is: whether the suit pending in the Bombay High Court requires to be transferred to the Original Side of     the High Court of Madras to be tried alongwith the Suit No.1136 of 1995 which is a comprehensive suit and first in point of time? Under those circumstances, we think that instead of transferring the Bombay suit to the Madras High Court the further proceedings    in Bombay suit should stand stayed till the suit before the Original Side of the Madras High Court is disposed     of. This order will not have     any effect on the disposal     of the contempt proceedings pending before the learned Single Judge of the Bombay High Court which would be dealt with in accordance with law. The learned Single Judge of the Madras High Court is requested to dispose    of the     suit as expeditiously as possible, preferably within 6    months from the date of the receipt of the copy of the order. It is an admitted position that two prints of the film have already been despatched to Singapore for     distribution.    It is    apprehended by     the respondents M/s. S.S. Enterprises that further prints are likely to be despatched to the other foreign jurisdictions. Shri Naik, the learned counsel appearing for the impleading party, to be impleaded, states that his right would be affected if any status quo order is granted. It would be in fitness of things that     the status quo pending disposal of the above SLPs is confined to the rights the petitioner had pursuant to the contract dated October 7, 1993; it would be open to     the clients of Shri Naik, if     he had any right to seek impleadment in the pending SLPs     against injunction order passed by the learned Single Judge and confirmed by the Division Bench of    the Madras High Court,     the subject matter of SLP (C) No.27695-96/95. We    need not go into the controversy between the parties said    to be    had by     the clients of Shri Naik vis-a-vis of M/s. S.S. Enterprises. It would be open    to them to make an    application seeking impleadment as party in pending SLP (C) Nos. 27695-96/95. The interim order passed in this case stands     modified by this order.

The Transfer Petition is disposed of accordingly.