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2013 Supreme(Bom) 1185

D.Y.CHANDRACHUD, S.C.GUPTE
Maharashtra Film Stage and Cultural Development Corporation Ltd. – Appellant
Versus
Multi Screen Media Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant:R.S. Apte, Senior Advocate with N.R. Bubna, Advocate.
For the Respondent:Aspi Chinoy, Senior Advocate with Anil Menon i/b. Anil Menon & Asso., Advocates.

JUDGMENT

(Dr. D.Y. Chandrachud, J.

The appeal arises from a judgment of a Learned Single Judge rejecting a Petition under Section 34 of the Arbitration and Conciliation Act, 1996. The Petition sought to challenge an award of an arbitral Tribunal consisting of three arbitrators.

2. The claim in arbitration arose out of an agreement dated 12 April 2002that was entered into between the Appellant and the Respondent. The agreement envisaged that the Appellant proposed to organise “thirteen star studded” events which were to be produced and shot at Film City between June 2002 and February 2003. Under the agreement, the Respondent was to secure exclusive rights in respect of each of those events on the terms and conditions stipulated by the parties. Clause 1(b) of the agreement defines the expression “events” to mean and include thirteen shows, each of a duration of a minimum of three hours scheduled to be shot at Film City during the period between June 2002 and February 2003. The rights contemplated by the agreement under clause 1(c) include rights to record each event on any format, media sponsorship and the exhibition of the events, among other things. Clause 4 of the agreement stipula

































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