ESSEL Vision reported in 2003 (5) Mh.L.J. 769 is well founded. In the facts of that case, the complainant lodged a claim before another association of the film fraternity known as the Film Makers Combine (FMC), for a recovery of Rs.1.25 crores on account of damages. After the complaint was filed, the parties submitted a joint undertaking to the FMC whereby they agreed to submit for adjudication by the FMC and/or it’s committee/sub-committee, in accordance with the rules and bye-laws framed for that purpose. The FMC thereafter directed the applicant to pay a sum of Rs.25,00,000/- (Rs. Twenty Five lacs only) to the complainant on account of compensation for damages. As the said amount was not paid, the complainant instituted execution proceedings for enforcement, in this Court. In the facts of that case, the learned Judge, after discussing the relevant provisions of the Act inter-alia held that the participation by the parties in the proceedings before the FMC could not be regarded as participation in an arbitral proceeding that would culminate in an arbitral award. The learned Judge therefore held that the decision which was arrived at by FMC did not have a force of decree of the Court. After relying upon
