Ags Entertainment Pvt. Ltd. vs Phantom Studios lndia Pvt. Ltd.

2026:BHC-OS:2630

Megha 29_carbp_1064_2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.1064 OF 2025

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AGS Entertainment Pvt. Ltd. ...Petitioner

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V/s.

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Phantom Studios India Pvt. Ltd. (erstwhile Mad Man Film Ventures Pvt. Ltd.) and Anr.

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...Respondents

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Mr. Sandeep Parikh with Mr. Karthik Somasundram & Mr. Siddharth Yewale i/b. M/s. Spice Route Legal for the Petitioner.

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Ms. Naira Jejeebhoy with Ms. Janaki Garde & Mr. Jai Sanyal i/b. M/s. Rashmikant & Partners for Respondent No.1.

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Ms. Jasmeet Kaur (through VC) with Ms. Vinayika Shah i/b. M/s. Naik Naik & Co. for Respondent No.2.

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CORAM: SANDEEP V. MARNE, J.

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DATED: 29 JANUARY 2026.

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P.C.:

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This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures before commencement of the arbitral proceedings.

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As the hearing of the Petition progressed, Mr. Parikh, the learned counsel appearing for the Petitioner, on instructions submits that if Arbitral Tribunal is constituted, the Petitioner shall pursue the remedy under Section 17 of the Arbitration Act before the learned

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Page No. 1 of 4 29 January 2026

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Megha 29_carbp_1064_2025.docx

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Arbitrator. He would pray for leave to convert the present Application into Application under Section 17 of the Arbitration Act.

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Mr. Jejeebhoy, the learned counsel appearing for Respondent No.1, on instructions submits that there is arbitration agreement between the Petitioner and Respondent No.1. Respondent No.1 is agreeable for constitution of the Arbitral Tribunal for adjudication of disputes and differences between the parties.

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Respondent No.2 is an OTT platform, which is impleaded in the Petition only for the purpose of seeking interim measures. In view of the existence of arbitration agreement between the Petitioner and Respondent No.1, it would be appropriate to constitute the Arbitral Tribunal of a sole Arbitrator and to relegate the parties to remedy under Section 17 of the Arbitration Act.

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Accordingly, I proceed to pass the following order:-

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(A) Mr. Justice R.D. Dhanuka, former Chief Justice of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the concerned Agreement. The contact details of the Arbitrator are as under :

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Email id :- [email protected]

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(B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date of uploading of this order. The Petitioner

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Page No. 2 of 4

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29 January 2026

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Megha 29_carbp_1064_2025.docx

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shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith a copy of this order.

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(C) The learned sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the parties within a period of 2 weeks from receipt of a copy of this order.

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(D) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by him, to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

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(E) The fees of the sole Arbitrator shall be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.

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Present Petition is permitted to be converted into Section 17 Application to be heard and decided by the Arbitral Tribunal on its own merits. In the event, Petitioner impleads Respondent No.2 in the arbitral proceedings, it would be open to Respondent No.2 to oppose its impleadment to arbitral proceedings. It would be open to the parties to make an attempt for amicable resolution of disputes before the Arbitral Tribunal.

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