[Breaking] Big Relief for Seven Colours Motions Pictures, Bombay HC Sets Aside IMPPA’s Order Over Dispute With Director

Bombay High Court has set aside the Award passed by IMPPA in the case of Seven Colors Motions Pictures Pvt. Ltd vs Amitoj Mann. The Hon'ble High Court observed that that IMPPA’s award was against the principles of natural justice and devoid of any reasons.

Seven Motions Pictures Pvt. Ltd had approached IMPPA against director Amitoj Mann citing unprofessional conduct

In December 2017, The Respondent, Mr Amitoj Mann approached the Petitioner Company - Seven Motions Pictures Pvt. Ltd with the script of the Film “Sucha Soorma” and proposed the Petitioner company to produce the film on the condition that he would direct the same. The shooting began in the month of February 2019 and some disputes arose between the parties over the course of shooting for the film. The petitioner company claimed that the respondent’s behaviour on the sets of the film was unprofessional. It also found his continued demands for more money on account of remuneration unreasonable. 

The said director stalled the shooting of the film on multiple occasions and allegedly pressurised the production team to pay remuneration in excess of the agreed amount. Unhappy with the turn of events, Seven Colours Motion Pictures approached Indian Motion Picture Producers Association and lodged a complaint against the Respondent seeking his removal as Director of the said film.

Respondent claimed incompetency on part of the production team

In his reply, the respondent alleged incompetency on the part of the Production Team. He had sought directions from IMPAA with regards to paying him the balance remuneration along with crediting him as writer cum director of the said film.

IMPPA passed an award dated 10th February 2020 in favour of the respondent without following due process.

Aggrieved by the IMPPA’s order, the petitioner company approached the Bombay High Court challenging the said award under section 34 of the Arbitration and Conciliation Act. 1996. The petitioner’s primary contention was that IMPPA completely sidelined its contentions without hearing the case of the production company.

Bombay HC sets aside IMPPA’s Award for lack of proper reasoning 

In its Judgement dated February 9, 2021, Bombay HC found the IMPPA's order devoid of proper reasoning. The single-judge bench of B.P. Colabawalla questioned the need to pass an award in the case when talks of an amicable settlement were simultaneously going on between the parties. The judge also pointed out that no counterclaim was ever made before the Arbitral Tribunal by the respondent. 

"The Arbitral Tribunal could not have given any direction to the claimant to pay any sum of money to the respondent as has been sought to be done in the operative part of the impugned Award", he added.

"Learned Counsel for the petitioner, Advocate Manoj Saboo welcomed the court's verdict. The Private Tribunal passed the Award in an arbitrary manner without giving any reasoning for the same. It had failed to appreciate the contentions raised during the proceedings and superimposed its own view without any logical basis", he said.

Read the full order here

Seven Colors Motion Pictures Vs Amitoj Mann.pdf