The court rejected applications filed by the applicant seeking to recall or modify an order dated 12.09.2017 which referred disputes to arbitration, noting no grounds justified recall.
Prayer for recall or modification of the order dated 12.09.2017 dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 21ST DAY OF SEPTEMBER 2017
THE HON'BLE DR. JUSTICE ANITA SUMANTH
A.NO.5739 OF 2017 and A.NO.5740 OF 2017 in A.No.3581 of 2017
(In the matter of Arbitration and Conciliation Act, 1996 and In the matter of Arbitration disputes between M/s.Garuda Aviation Services Pvt. Ltd. and Airports Authority of India over License Agreement dated 01.04.2012.
M/s. Garuda Aviation Services Pvt. Ltd. Rep. by its General Manager Mr.Akbar Bashah, Garuda House, No.142, Upper Govind Nagar, Malad (E), Mumbai 400097. ..Applicant (In All The Application) VS
Airports Authority of India, Rep. by Airport Director, Chennai Airport, Chennai 600016. ..Respondent
(In All The Application)
A.NO.3581 OF 2017:
Application praying that this Hon'ble Court be pleased to grant an order of stay of the operation of the Letter No.AAM/C.031/2013/2438 dated 22.06.2017 issued by the Respondent, pending the arbitration.
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A.NO.5739 OF 2017:
Application praying that this Hon'ble Court be pleased to modify or clarify the common order dated 12.09.2017 made in A.No.3581 of 2017 and A.No.5380 of 2017.
A.NO.5740 OF 2017:
Application praying that this Hon'ble Court be pleased to recall the common order dated 12.09.2017 made in A.No.3581 of 2017 and A.no.5380 of 2017.
This Application coming on this day before this court for hearing the court made the following order:
The present applications are filed seeking recall of order dated 12.09.2017, passed in A.Nos.3580 and 3581 of 2017 and modification of the same.
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to entertain the present applications that stand rejected
in limine.
Sd/-A.S.M.j 21.09.2017
//Certified to be a true copy//
Dated this the th day of 2017. EM/27.10.2017 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
2 issues framed by the court
Whether an application for recall of an order passed after consent should be entertained.
Whether the interests of both parties and balance of convenience warrant recall.
M/s. Garuda Aviation Services Pvt. Ltd.
Airports Authority of India
ANITA SUMANTH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
