- (1.) We have heard learned counsel on both sides.
(2.) In this case, admittedly, there was an agreement dated 28/2/1985 which M/s S. S. Enterprises, a partnership firm had with R. Venkatraman 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 andco. 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. Venkatraman in the City Civil court at Bombay wherein he has claimed that the agreement dated 28/1/1985 (sic 28/2/1985 was cancelled and has sought an injunction against M/s S. S. Enterprises. The second suit, viz. , Suit No. 1136 of 1995 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 Special Leave Petitions (C) Nos. 27695-96 of 1995 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 of 1995 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.
(3.) 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 along with 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 the 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.;