Imax Corporation vs E-City Entertainment (I) Pvt. Limited ... on 24 October, 2024
138. Reliance is placed by Mr.Chinoy upon the decision of
learned Single Judge in Mitsui OSK Lines Limited (Japan)
(supra), which is distinguished by Mr.Seksaria, where an
execution application seeking execution of a foreign award was
sought to be amended in order to implead third parties to the
execution proceedings despite them not being parties to the
arbitration proceedings. The basis to implead third-parties in
this case was that monies had purportedly been siphoned off
from award-debtor's account in favor of these third parties
who were said to be related entities. In addition, reliance was
also placed on the state of affairs between the third-parties
and the award-debtor as reflected from the books of account
which, according to the award-creditor, demonstrated that the
companies' affairs were inextricably linked to one another and
they operated in similar businesses. However, the Court was
pleased to dismiss the chamber summons after observing as
under:-