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2023 Supreme(Online)(Bom) 212

HIGH COURT OF BOMBAY
MANISH PITALE, J
RBEP Entertainment Private Limited – Appellant
Versus
Hungama Digital Media Entertainment Pvt. Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Navroz Seervai, Mr. Rohan Kelkar, Mr. Kartikeya Desai, Rashi Shah
For the Respondents: Mr. Aspi Chinoy, Mr. Harsh Kaushik, Ms. Alya Khan, Mr.Aditya Gupta, Ms.Zahra Padamsee, Mr. Kyle Curry, Mr. Ravi Kadam, Mr. Darius Khambata, Mr. Vineet Naik

ORDER :

. By this order, two applications filed by defendant No.1 under Section 8 of the Arbitration and Conciliation Act, 1996 , in two suits shall be disposed of. The plaintiff in one suit is defendant No.7 in the other suit and the facts as claimed in the pleadings are being narrated by referring to the relevant events pertaining to both the suits.

2. It is the case of defendant No.1 that in the light of an arbitration clause existing in an agreement, which is the genesis of filing of the suits, the parties ought to be referred to arbitration.

3. Super Cassettes Industries Private Limited is the plaintiff in Commercial IP Suit No.464 of 2022 and Hungama Digital Media Entertainment Private Limited is the plaintiff in Commercial IP Suit No.457 of 2022. The facts in brief leading to filing of the suits are that on 26.10.2009, the plaintiff in the first suit - Super Cassettes Industries Private Limited (hereinafter referred to as ‘Super Cassettes’), RBEP Entertainment Private Limited i.e. defendant No.1 in both the suits (hereinafter referred to as ‘RBEP’) and the plaintiff in the second Suit - Hungama Digital Media Entertainment Private Limited (hereinafter referred to as ‘Hungama D

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