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Spicejet Limited vs Credit Suisse Ag on 18 August, 2022

Bench: Chief Justice, Hima Kohli, C.T. Ravikumar

     SLP(C)No.1046/22 etc.                 1

     ITEM NO.6                       COURT NO.1                 SECTION XII

                             S U P R E M E C O U R T O F     I N D I A
                                     RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C) No(s).1046/2022

     (Arising out of impugned final judgment and order dated 11-01-2022
     in OSA No.1/2022 passed by the High Court of Judicature at Madras)

     SPICEJET LIMITED                                             Petitioner(s)

                                               VERSUS

     CREDIT SUISSE AG                                             Respondent(s)


     IA No.92143/2022 - APPLICATION FOR PERMISSION
     IA No.80246/2022 - APPLICATION FOR SETTLEMENT
     IA No.11539/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT

IA No.80273/2022 - INTERVENTION/IMPLEADMENT IA No.80244/2022 - INTERVENTION/IMPLEADMENT IA No.11828/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES WITH SLP(C) No. 1082/2022 (XII) (FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 11734/2022 FOR impleading party ON IA 80801/2022 FOR INTERVENTION/IMPLEADMENT ON IA 80801/2022 FOR APPLICATION FOR SETTLEMENT ON IA 80804/2022 FOR APPLICATION FOR PERMISSION ON IA 92149/2022 IA No. 92149/2022 - APPLICATION FOR PERMISSION IA No. 80804/2022 - APPLICATION FOR SETTLEMENT IA No. 11734/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 80801/2022 - INTERVENTION/IMPLEADMENT) SLP(C) No. 1119/2022 (XII) (FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 12020/2022 FOR impleading party ON IA 80426/2022 FOR INTERVENTION/IMPLEADMENT ON IA 80426/2022 FOR APPLICATION FOR SETTLEMENT ON IA 80429/2022 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 92174/2022 IA No. 80429/2022 - APPLICATION FOR SETTLEMENT Signature Not Verified IA No. 12020/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED Digitally signed by SATISH KUMAR YADAV Date: 2022.08.18 18:39:10 IST JUDGMENT Reason:

IA No. 80426/2022 - INTERVENTION/IMPLEADMENT IA No. 92174/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(C)No.1046/22 etc. 2 Date : 18-08-2022 These matters were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Jay Savla, Sr.Adv.

Mr. Abhinav Sharma, Adv.

Mr. Ashutosh Ranjan, Adv.

Mr. Alok Tripathi, AOR For Respondent(s) Ms. Liz Mathew, AOR Mr. Rajendra Barot, Adv.

Mr. Aditya Bhat, Adv.

Ms. Priyanka Shetty, Adv.

Mr. Ambareen Mujawar, Adv.

Ms. Shuti Srinivasan, Adv.

Mr. Navneet R., Adv.

UPON hearing the counsel the Court made the following O R D E R

1. Heard learned Senior counsel appearing on behalf of the petitioner as also learned counsel appearing on behalf of the respondent.

2. The applications for impleadment/intervention are allowed in terms of the prayer made.

3. Learned counsel for the parties submit that since a settlement has been arrived at between the parties, the applications have been filed seeking permission to place on record the Consent Terms dated 23.05.2022 executed between the parties.

Having perused the averments made in the said applications, the same are allowed and the Consent Terms dated 23.05.2022 are taken on record.

4. In view of the settlement arrived at between the parties, learned counsel for the petitioner seeks permission to withdraw these petitions.

5. Permission as prayed for, is granted.

6. The Special Leave Petitions are, accordingly, dismissed as withdrawn.

7. The parties are directed to abide by the Consent Terms dated 23.05.2022.

8. During the course of hearing, it is submitted by the learned counsel for the parties that pursuant to the order passed by the Madras High Court, a bank guarantee was deposited before the said Court. Learned counsel, accordingly, prays that the Registrar General, Madras High Court may be directed to return and release the original bank guarantee to Yes Bank at the earliest.

9. In view of the Consent Terms dated 23.05.2022, the parties are at liberty to move an application before the Madras High Court to return and release the original bank guarantee to Yes Bank at the earliest.

10. Consequent upon disposal of these Special Leave Petitions, pending interlocutory applications also stand disposed of.

(SATISH KUMAR YADAV) (R.S. NARAYANAN) DEPUTY REGISTRAR COURT MASTER (NSH)