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(1) The Emergency Arbitrator's preliminary order dated 28 December 2018 is discharged.

(2) Upon provision by Plus Holdings no later than 7 (seven) days from its receipt of this award of a written undertaking addressed to Xeitgeist Entertainment in the form set out at paragraph 180 of this award:

(a) Xeitgeist Entertainment shall not enter into any agreement or confer any rights on any person which may be inconsistent with, or detrimental to, Plus Holdings' rights set out in the Agreement; and

(b) Xeitgeist Entertainment shall take such lawful steps within its power to cause any person to whom it has purported to confer any rights which may be inconsistent with, or detrimental to, Plus Holdings' rights set out in the Agreement, not to (i) exerise any such conferred rights and (ii) grant any such conferred rights to another person or persons .

(3) In the even that Plus Holdings does not provide within 7 (seven) days of its receipt of thsi award a written undertaking addressed to Xeitgeist Entertainment in accordance with paragraph (2) above, the conditional award made in sub paragraphs (2) (a) and (b) shall lapse and have no force or effect.

(4) The emergency arbitrator's fees and expenses, the SIAC's administration fees and expenses and the reasonable legal and other costs of Plus Holdings associated with the EA Application shall be borne by Xeitgeist Entertainment".

This Order is modified/corrected by Speaking to Minutes Order dated 11/03/2019 502 CARBP 339 OF 2019 5] Learned counsel for the petitioner in support of his submission would also refer to the evidence which has come before the learned Emergency Arbitrator of the SIAC namely the witness statement of Mr. Mark Antony Montgomery, (page No.199 of the paper book), wherein according to the petitioner the said witness in paragraph Nos 9 , 10 and 11 of his cross examination has admitted, that at the time when the agreement was entered into, with the petitioner, the distribution rights of the said film in the SAARC territories were held by respondent No.1 and that on 7 th November 2018, the agreement as entered between the petitioner was terminated, and thereafter the rights for the distribution of the film for the SAARC territories reverted to respondent No.3 -Hotel Mumbai Private Ltd,- the original owner of the film. Thereafter respondent No.3 entered into a licence agreement with respondent No.4 on 6 th November, 2018 in respect of the film for the SAARC territories. These statements as recorded in paragraph Nos. 9, 10 and 11 of the witness statement (page No.205 of the paper book) reads thus :-

"9. Hotel Mumbai Pty Ltd ("HMPL") a company incorporated in Australia, has full ownership rights over the film. At the time when the Agreement was entered into, the rights for the distribution of the Film in the SAARC territories were held by Xeitgeist.' This Order is modified/corrected by Speaking to Minutes Order dated 11/03/2019 502 CARBP 339 OF 2019