Delhi High Court - Orders
Kalanithi Maran Kal Airways Private ... vs Spicejet Limited & Anr on 21 November, 2024
Author: Rekha Palli
Bench: Rekha Palli
$~48 & 49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 171/2024
+ FAO(OS) (COMM) 173/2024
KALANITHI MARAN
KAL AIRWAYS PRIVATE LIMITED .....Appellants
versus
SPICEJET LIMITED & ANR. .....Respondents
Memo of Appearances:
For Appellants:
Mr.Maninder Singh & Mr.Gopal Jain, Sr. Advs. with Ms.Nandini
Gore, Ms.Sonia Nigam, Mohd.Shahyan Khan, Mr.Rajat Dasgupta,
Mr.Akarsh Sharma, Mr.Gauhar Mirza & Ms.Hiral Gupta, Advs.
For Respondents:
Mr.Amit Sibal, Sr. Adv. with Mr.K.R.Sasiprahu, Mr.Goutham
Shivshankar, Mr.Prakhar Agarwal & Mr.Darpan Sachdeva, Advs. in
FAO(OS) (COMM) 171/2024
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 21.11.2024 CM APPL. 67624/2024 (directions) in FAO(OS) (COMM) 171/2024 CM APPL. 67623/2024 (directions) in FAO(OS) (COMM) 173/2024
1. These are two applications filed by the appellants with a prayer that the present appeals be taken up for consideration on an early date so that in the event, the appellants succeed in the present appeal their applications under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) upon remand can be considered by the learned Single 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 26/11/2024 at 22:09:54 Judge, alongwith the respondents' applications under Section 34 of the Act pursuant to the order passed by the Division Bench in FAO(OS)(COMM) Nos. 179 & 180/2023, which order was unsuccessfully assailed by the appellants before the Apex Court.
2. Having considered the submissions of learned counsel for the appellant and perused the record, we are of the view that even though the appellants are correct in urging that they are assailing the very same arbitral award dated 20.07.2018, which is pending consideration before the learned Single Judge by way of OMP (COMM) Nos.42 & 43/2019, we cannot lose sight of the fact that the present appeals were filed after a gross delay. Consequently, this Court is still to consider the appellants' application seeking condonation of delay and therefore, it would not be appropriate to take up the appeals for consideration before 27.11.2024, as prayed for by the appellants. However, taking into account that the learned Single Judge is already dealing with OMP (COMM) Nos.42 & 43/2019, we accept the appellants' prayer for preponement and therefore, prepone the next date of hearing to 20.01.2025.
3. The next date of 19.02.2025 stands cancelled.
4. The applications are, accordingly, disposed of in the aforesaid terms.
REKHA PALLI, J SAURABH BANERJEE, J NOVEMBER 21, 2024 kk 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 26/11/2024 at 22:09:54