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2025 Supreme(Bom) 2041

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.SONAK, ADVAIT M.SETHNA
Imax Corporation – Appellant
Versus
E-City Entertainment (I) Pvt. Limited – Respondent


Advocates Appeared:
For the Appellant :Mr. Aspi Chinoy, Senior Advocate a/w Mr. Shanay Shah, Mr. Rahul Mahajan, Mr. Amit Surve & Adv. Simran Gulabani i/by Fortitude Law Associates.
For the Respondents:Mr. Vikram Nankani, Senior Advocate a/w Mr. Sumeet Nankani, Ms. Pooja Tidke, Mr. Krushi N. Barfiwala, Mr. Shlok Bodas, Ms. Alisha Mohite and Ms. Ishika Lodha i/by Parinam Law Associates, Mr. Navroz Seervai, Senior Advocate a/w Mr. Saket Mone, Ms. Gulnar Mistry, Mr. Shrey Shah, Ms. Shrushti Thorat and Mr. Archit Rao i/by Vidhi Partners, Mr. Sharan Jagtiani, Senior Advocate a/w Mr. Saket Mone, Mr. Shrey Shah, Ms. Shrushti Thorat, Mr. Akshay Doctor, Mr. Siddharth Joshi, Ms. Avanti Divan, Ms. Samriddhi Lodha.

JUDGMENT :

M. S. Sonak, J.

1. Heard learned Counsel for the parties.

PRELIMINARIES

2. This Commercial Arbitration Appeal is directed against the judgment and order dated October 24, 2024 passed by the learned Single Judge disposing of Commercial Arbitration Petition No. 414 of 2018 along with Chamber Summons No. 99 of 2019, 100 of 2019 and 101 of 2019 under Sections 47 to 49 of the Arbitration and Conciliation Act, 1996 (said Act), thereby refusing to recognise and enforce three foreign arbitral awards dated February 09, 2006, August 24, 2007 and March 27, 2008 [foreign awards] made by the ICC Arbitral Tribunal

3. The 2nd and 3rd Respondents objected to the maintainability of this Appeal. By order dated April 23, 2025, made by the Coordinate Bench of this Court comprising A. S. Chandurkar, J (as His Lordship then was) and M. M. Sathaye, J, rejected the objections regarding maintainability and admitted this Appeal qua all the Respondents.

4. This Court’s order dated April 23, 2025, rejecting the objections to maintainability and admitting this Appeal was challenged inter alia by the first Respondent by instituting Petition(s) for Special Leave to Appeal (C) No. (s) 22422 of 2025 before th

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