R.K.Productions Pvt. Ltd vs M/S.N.K.Theatres Pvt. Ltd on 11 December, 2012
16. Contending that even though Defendants 2 and 4 are not parties to the agreement which contains arbitration Clause, Clause 14 of the agreement is widely worded and that the entire subject matter of the suit is covered by arbitration, learned counsel for 1st Defendant placed reliance upon 156 (2009) DLT 406 : MANU/DE/0010/2009 [Ministry of Sound International Ltd. v. Indus Renaisance Parners Entertainment Pvt. Ltd.]. In the said case before the single Judge of Delhi High Court, Defendants 4 and 5 thereon were not parties to the arbitration agreement which was entered into between Plaintiff and 1st Defendant. By a reading of the said decision, it is seen that Plaintiff expressed that he had no intention to open new night club in collaboration with Defendants 4 and 5. Under such facts and circumstances of the case, notwithstanding that Defendants 4 and 5 were not parties to the arbitration agreement, the single Judge of Delhi High Court directed the parties to refer the matter to arbitration.