Imax Corporation vs M/S. E City Entertainment (I) Pvt ...

Citation : 2021 Latest Caselaw 14352 Bom
Judgement Date : 4 October, 2021

Bombay High Court
Imax Corporation vs M/S. E City Entertainment (I) Pvt ... on 4 October, 2021
Bench: R. I. Chagla
           Digitally signed
JITENDRA   by JITENDRA
           SHANKAR
SHANKAR    NIJASURE
NIJASURE   Date: 2021.10.06
                                                                   16-n-747-2017.doc
           18:54:04 +0530



       jsn
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                          NOTICE NO.747 OF 2017
                                                     IN
                              COMM. EXECUTION APPLICATION NO.49 OF 2017
                                                   WITH
                                COMM CHAMBER SUMMONS NO.288 OF 2017
                 Imax Corporation                               ...Applicant

                              Versus

                 E City Entertainment (I) Pvt. Ltd.             ...Respondent
                                             ----------
                 None for the Applicant.
                 Krushi Barfiala iith Rima Desai and Ryan Mendes i/b.
                 Parinam Lai Associates for the Respondent No.1.
                                                  ----------

                                                  CORAM :      R.I. CHAGLA J.
                                                  DATE :       4 OCTOBER, 2021

                 ORDER :

1. None appears for the Applicant. Heard learned Counsel for the Respondent. She states that by an order dated 10th January, 2020 passed by the Supreme Court, a stay of operation of the impugned judgment and order passed by the High Court in Arbitration Petition No.414 of 2018 has been granted.

2. She has further referred to the order dated 18th 1/2 16-n-747-2017.doc June, 2018 passed by this Court in Notice No.747 of 2017 in the above Commercial Execution Application No.49 of 2017 iith Commercial Chamber Summons No.288 of 2017 by ihich order this Court has recorded that the learned Senior Counsel appearing for the Decree Holder / Aiard Holder has stated that application has been fled under Sections 47 to 49 being Arbitration Petition No.414 of 2018 in respect of foreign aiard and in viei thereof the Execution Application and Chamber Summons fled by the Judgment Debtor iill have to aiait the outcome of the Arbitration Petition.

3. Considering that the Supreme Court by its order dated 10th January, 2020 in SLP No(s). 30357 of 2019 has stayed the impugned fnal judgment and order dated 13th November, 2019 in Arbitration Petition No.414 of 2018 passed by this Court, the present Notice along iith Execution Application is required to be adjourned sine die aiaiting the outcome of the Appeal before the Supreme Court.

4. Accordingly, the Notice No.747 of 2017 and Commercial Chamber Summons No.288 of 2017 in Commercial Execution Application No.49 of 2017 are adjourned sine die.

[R.I. CHAGLA J.] 2/2