Remanded

National Aviation Company of India Ltd. v. Calicut Aviation Services

Kerala HC25 Oct 2019CRP/457/2013

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a Civil Revision Petition seeking to challenge the Sub Court's order dismissing an application under Section 8 of the Arbitration Act for reference to arbitration, setting aside the order to be passed afresh.

What did the court decide?

The order dated 30.5.2013 in I.A. No. 5036 of 2010 in O.S. No. 630 of 2010 is set aside to be passed afresh. This C.R.P. stands allowed.

National Aviation Company of India Ltd. Vs Calicut Aviation… — Arbitration | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941

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CRP.No.457 OF 2013

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AGAINST THE ORDER/JUDGMENT IN IA 5036/2010 IN OS 630/2010 OF SUB COURT,KOZHIKODE

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REVISION PETITIONER/S:

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NATIONAL AVIATION COMPANY OF INDIA LTD NACIL, FORMERLY INDIAN AIRLINES LIMITED, ITS REGISTERED OFFICE AT 113, GURUDWARA, RAKHAGANJ ROAD, NEW DELHI. BY ADVS.

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SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.BENNY THOMAS SRI.P.GOPINATH (SR.) SRI.K.JOHN MATHAI SRI.NITHIN GEORGE

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RESPONDENT/S:

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1 CALICUT AVIATION SERVICES FORMERLY ASHIRWAD TRAVELS, 792 A, A.V.M COMPLEX, P.O. PANTHEERANKAVU, CALICUT - 19.

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2 GENERAL MANAGER GROUND HANDLING

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NATIONAL AVIATION COMPANY INDIA LIMITED, NACIL, MEENAMBAKAM, CHENNAI -27.

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3 GENERAL MANAGER FINANCE

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NATIONAL AVIATION COMPANY OF INDIA LIMITED, NACIL, MEENAMBAKAM, CHENNAI - 27.

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4 MANAGER

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FIGHT OPERATION, NATIONAL AVIATION COMPANY OF INDIA LIMITED, NACIL, CALICUT AIPRORT, KARIPPUR P.O., MALAPPURAM DISTRICT.

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R1 BY ADV. SRI.C.P.MOHAMMED NIAS

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Case No. CRP 457/13

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O R D E R

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The petitioner is the first petitioner in I.A. No.5036

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of 2010 in O.S. No.630 of 2010 on the files of the Sub

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Court, Kozhikode. The above I.A. was filed by the petitioner under Section 8 of the Arbitration and Conciliation Act, praying of referring the matter for arbitration. The court below dismissed the said application stating that the petitioner did not produce anything in support of the petition even after granting time, against which this C.R.P. has been filed.

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Heard.

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It is not disputed that the petitioner raised the

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plea for reference for arbitration before submitting the first

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defence of the petitioner. It has been submitted by the

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Case No. CRP 457/13

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learned counsel for the petitioner that the petitioner had already produced the copy of the agreement along with the above said I.A. The learned counsel for the 1^st respondent herein has also fairly conceded that the petitioner had produced a copy of the agreement along with the said I.A. I have perused the copy of the agreement produced by the petitioner along with the above I.A. Clause 17 of the said agreement contains a provision for arbitration. In view of the above, it appears that the order passed by the court below was factually and legally incorrect. In the said circumstances, I am inclined to set aside order dated 30.5.2013 in I.A. No.5036 of 2010 in O.S. No.630 of 2010 and remit the matter to the court below for passing order afresh on I.A. No.5036 of 2010, in accordance with law, affording reasonable opportunity of

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Case No. CRP 457/13

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-4-

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hearing to both sides, as expeditiously as possible and at any rate within 15 days from the date fixed for the appearance of the parties before the court below. It is ordered accordingly.

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The parties shall appear before the court below on

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15.11.2019 without further notice.

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This C.R.P. stands allowed as above.

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B. SUDHEENDRA KUMAR, JUDGE .

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dl/

National Aviation Company of India Ltd. v. Calicut Aviation Services

Case brief

What is this about?

What did the court decide?

National Aviation Company of India Ltd. v. Calicut Aviation Services

Case brief

What is this about?

What did the court decide?

What the court decided

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