- (1.) R. Bhattacharyya, J.-A combined application under section 115 of the C.P.C. and also under Article 227 of the Constitution of India has been directed by the aggrieved petitioner-Eastern India Motion Picture Association to dislodge the order being Order No. 33 dated 28.4.93, passed by the City Civil Court, 3rd Bench, Calcutta in Misc. Case No. 1338 of 1992.
(2.) It will be unnecessary to make a full disclosure of the facts as there is no slim dispute between the parties regarding the factual exposure of the case centering round the revision. However, for appreciation, a brief synopsis of the case is highlighted. It is undisputed that the suitor and exhibitor of the feature films carrying on business under the name and style of "Chaitali Cinema" at Bhangar Bazar, P.S. Bhangar, Dist.--South 24-Parganas. The suitor was constrained to file the above name Title Suit before the City Civil Court for declaration alongwith consequential reliefs among which the injunction was one. The learned court below restrained the petitioner-revisionist on the strength of an application preferred under Order 39 Rules 1 & 2, read with section 151 of the C.P.C., 1908 from blacklisting the suitor till the suitor was heard in accordance with the rules and bye-laws of the Association dated 31.1.1992. Since much could hovered around the litigation, the petitioner-revisionist as defendant for variation of the Order dated 31.1. 1992, preferred an application under Order 39 Rule 4 of the C.P.C. It is uncontroverted that the order of ad interim injunction was made absolute. But the continuous action of the petitioner revisionist in blacklisting the suitor was not abated and kept its pecker up. The lone plea of the petitioner revisionist as defendant before the learned court below was that the suitor was a slave of successive violation of the rules and regulations of the Association which paved the way for blacklisting the suitor in accordance with its rules and Bye Laws.
(3.) The learned court below after having a full scale hearing disposed of the matter when this revisional application for the desired relief. Mr. Subrata Datta, the learned Advocate, appearing for the petitioner-revisionist has assiduously aroued that the learned court below is denuded of power to adjudicate upon a dispute of this type as it is within the domain of the Bye-Laws of the Eastern India Motion Picture Association which alone could decide the controversy between the parties. In amplifying the submission he has canvassed with much labour and industry that the Civil Court is not a substitute for the Executive Committee of the E.I.M.P.A. Which according to the Bye-Laws is the authority competent as all decisions of Conciliation Board shall be subject to appeal to the Executive Committee. The Civil Court cannot explore power for according relief to any party whose case comes within the fold of Bye-Laws relating to disposal of disputes.;