International Air Transport Association v. M/S Spring Travels Pvt Ltd & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 119/2016 INTERNATIONAL AIR TRANSPORT ASSOCIATION ..... Plaintiff Through:

Mr. K.R. Chawla, Mr. Vijay Chawla, Mr. Sunil Verma and Mr. Mohinder Singh Sachdeva, Advs.

Versus

SPRING TRAVELS PVT LTD & ANR ..... Defendants Through:

Mr. J.P. Sengh, Sr. Adv. with Mr.

Ajay Chaudhary, Ms. Manisha Mehta, Ms. Vaishali Tanwar and Ms. Mrigna Shekhar, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 05.02.2018 IA No.9449/2016 (of defendants u/O VII R-11 r/w S-8 of Arbitration & Conciliation Act, 1996) 1.

The senior counsel for the defendants/applicants agrees that the invocation of Order VII Rule 11 of the Code of Civil Procedure, 1908 is misconceived.

2.

The counsel for the plaintiff has fairly stated that the matter is covered by Delhi Express Travels Pvt. Ltd. Vs. International Air Transport Association MANU/DE/0739/2009 and against which, both counsels agree, no appeal was preferred and there is no contrary view. 3.

The counsel for the plaintiff on further query agrees that the action brought before this Court by way of this suit is subject matter of arbitration agreement.

CS(COMM) 119/2016

4.

In this view of the matter, the application is allowed and disposed of. CS(COMM) 119/2016 5.

The parties are referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

6.

The suit is disposed of.

7.

On request of the counsel for the plaintiff, a certificate entitling the plaintiff to refund of court fees paid on the plaint, less Rs.20,000/- be issued and handed over to the counsel for the plaintiff. RAJIV SAHAI ENDLAW, J.

FEBRUARY 05, 2018 bs..

CS(COMM) 119/2016