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Madras High CourtA/5739/2017dismissed

M/S.Garuda Aviation Services v. Airport Authority Of India

2017-09-21Honourable Dr Justice Anita Sumanth3 pages

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.

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.

2. Heard Mr.K.Sridhar, learned counsel appearing for the applicant.

3. No ground has been made to justify a recall as sought for, of order dated 12.09.2017.

4. The order was passed after detailed hearing and upon consent expressed by both parties to submit the disputes inter se to arbitration. In fact, even in the present applications, the applicant would reiterate its intention to submit to the dispute resolution process as agreed to by the parties in the Licence Agreement The directions have been issued taking into account the interests of both parties and the balance of convenience and no reason has been set forth warranting recall of the same.

5. In the aforesaid circumstances, I am not inclined

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.