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Delhi High Court - Orders

Spicejet Limited vs Kal Airways Pvt Ltd & Ors on 12 August, 2024

Author: Navin Chawla

Bench: Navin Chawla

                             $~32 & 33
                             *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                             (32)+ O.M.P. (COMM) 42/2019 & I.A. 1281/2019, 1284/2019
                             (33) O.M.P. (COMM) 43/2019 & I.A. 1286/2019, 1289/2019

                                       SPICEJET LIMITED                                                               .....Petitioner
                                       AJAY SINGH                                                                     .....Petitioner
                                                      Through:                                       Mr.Amit Sibal, Sr. Adv. with
                                                                                                     Mr.K.R.            Sasiprabhu,
                                                                                                     Mr.Goutham       Shivshankar,
                                                                                                     Mr.Prakhar            Agarwal,
                                                                                                     Mr.Kartikeya           Asthana,
                                                                                                     Mr.Vinamia         Kaparihara,
                                                                                                     Mr.Darpan Sachdev, Advs.

                                                                            versus

                                       KAL AIRWAYS PVT LTD & ORS.          .....Respondents
                                                    Through: Mr.Maninder        Singh     and
                                                             Mr.Saurabh        Kripal,     Sr.
                                                             Advocates with Ms.Nandini
                                                             Gore,     Ms.Sonia        Nigam,
                                                             Mr.Gauhar Mirza, Ms.Hiral
                                                             Gupta, Mr.Rajat Dasgupta,
                                                             Mr.Akarsh Sharma, Ms.Adya
                                                             Luthra, Advs.

                                       CORAM:
                                       HON'BLE MR. JUSTICE NAVIN CHAWLA
                                                    ORDER

% 12.08.2024

1. These petitions have been listed before this Court pursuant to the Judgement dated 17.05.2024 passed by the Division Bench of this Court in FAO(OS) (COMM) 179/2023, titled Ajay Singh v. Kal Airways Private Limited & Anr and FAO(OS) (COMM) 180/2023, titled Spicejet Limited v. Kal Airways Private Limited & Anr & Ors.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 23:28:44 The Judgement of the Division Bench has been upheld by the Supreme Court vide its Order dated 26.07.2024 passed in SLP(C) 14936/2024 and SLP(C) 14741/2024.

2. The learned senior counsels appearing for the respondent nos.1 and 2 submit that the learned Single Judge had disposed of the challenge of the respondents to the Arbitral Award impugned in the present petitions, by way of a Judgment dated 31.07.2023 passed in OMP(COMM) 450/2018, titled Kal Airways Pvt. Limited v. Spicejet Ltd & Anr. and OMP(COMM) 451/2018, titled Kalanithi Maran v. Spicejet Limited & Anr. The said Judgment has been challenged by the respondent nos.1 and 2 by way of appeals, being FAO(OS) (COMM) 171/2024 and FAO(OS) (COMM) 173/2024. In the said appeals, on an application seeking condonation of delay, by an Order passed today, the Division Bench of this Court has issued notice to the petitioners herein for 21.10.2024.

3. They further submit that the present petitions are also liable to be dismissed as the petitioners have failed to comply with the interim order passed by this Court in the present petitions and the proceedings emanating therefrom.

4. List for final hearing on 10th, 11th and 12th September, 2024 at 2.30 p.m. NAVIN CHAWLA, J AUGUST 12, 2024/Arya/SJ Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 23:28:44