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PETITIONER: M/S. AVTAR SINGH & CO. PVT. LTD.

       Vs.

RESPONDENT: M/S. S.S. ENTERPRISES & ORS.

DATE OF JUDGMENT:       11/03/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (3)   385        1996 SCALE  (2)869

ACT:

HEADNOTE:

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

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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.