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2019 Supreme(Bom) 1402

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


Advocates:
Advocate Appeared:
Veerendra Tulzapurkar, Adv., Sandeep Parekh, Adv., Rahul Mahajan, Adv., Amit Surve, Adv., Meeta Kadhi, Adv., Birendra Saraf, Adv., Rohan Savant, Adv., Yakshay Chheda, Adv., Devanshi Sethi, Adv., Gautam Ankhad, Adv., Krishna Shah, Adv., Sharan Jagtiani, Adv., Sanaya Kapadia, Adv., Ankit Ransubhe, Adv., Ajay Basutkar, Adv.

JUDGMENT :

G S KULKARNI, J.

1. This is a petition for enforcement and execution of the foreign award filed under Section 47, 48 and 49 of the Arbitration and Conciliation Act, 1996 (for short, "the Arbitration Act"). The respondents have raised a preliminary objection contending that the petition is barred by limitation. By this order this objection of the respondents is being decided.

2. The petitioner-original claimant is seeking enforcement of the international commercial award(s) namely the Liability award dated 9 February 2006, an award dated 24 August 2007 being a quantum and jurisdiction award and an award dated 27 March 2008 being a Final Award of the International Chamber of Commerce. The prayers in the petition are combined prayers seeking enforcement and execution of the arbitral awards which are required to be noted and read thus:-

    "(a) That this Hon'ble Court be pleased to pass an order and/or declaration that the said Arbitral Awards, i.e. Liability Award dated February 09, 2016, Quantum Award dated August 24, 2007 and Final Award dated March 27, 2008 passed by the

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