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2017 Supreme(SC) 247

Imax Corporation – Appellant
Versus
E-City Entertainment (I) Pvt. Ltd. – Respondent


JUDGMENT :

S.A. Bobde, J.

Leave granted.

2. The appellant-Imax Corporation has challenged the interim order dated 10.06.2013 passed by the High Court of Judicature at Bombay in Notice of Motion No.2560 of 2008 in the Arbitration Petition (Lodging) No.525 of 2008.

3. By the aforementioned order, the High Court held that the petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, "the Arbitration Act") filed by the respondent-M/S E-City Entertainment (I) Pvt. Ltd. against two partial final awards dated 11.02.2006, 24.08.2007, and third final award dated 27.03.2008 was maintainable.

The appellant had objected to the maintainability of the petition under Section 34 of the Arbitration Act on the ground that the arbitration clause excluded the applicability of Part-I which contains the said section.

4. The only issue before us is whether the petition under Section 34 of the Arbitration Act is maintainable before a court in India, and in this case, the Bombay High Court.

5. On 28.09.2000, the appellant entered into an agreement with the respondent for a supply of large format projection systems for cinema theatres to be installed in theatres all across India. Clause 1



















































































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