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SUPREME COURT OF INDIA
N.V. Ramana, CJI., A.S. Bopanna, Hima Kohli, JJ.
Spicejet Limited – Appellant
Versus
Credit Suisse AG – Respondent
Petition for Special Leave to Appeal (C) No. 1046 of 2022 (Arising Out of impugned final judgment and order dated 11-01-2022 in OSA No. 1 of 2022 passed by the High Court of Judicature at Madras)
Decided On : 28-01-2022
Video Conferencing - Stay of Operation - Impugned Order
Fact of the Case:
The Court convened through Video Conferencing. The petitioner sought three weeks' time to resolve the matter, and the respondent agreed. The Court listed the petitions after three weeks and ordered a stay of the operation of the impugned order dated 06.12.2021.
Finding of the Court:
The Court granted the petitioner three weeks' time and ordered a stay of the operation of the impugned order.
Issues:
Ratio Decidendi: The Court's decision was based on the request for time by the petitioner and the agreement of the respondent, leading to the grant of three weeks' time and the stay of the impugned order.
Final Decision: The Court listed the petitions after three weeks and ordered a stay of the operation of the impugned order.
ORDER
1. The Court is convened through Video Conferencing.
2. Mr. Harish Salve, learned senior counsel appearing on behalf of the petitioner(s) sought three weeks' time to resolve the matter. Mr. K.V. Viswanathan, learned senior counsel appearing on behalf of the respondent(s) has also agreed for the same.
3. List these petitions after three weeks.
4. In the meanwhile, there shall be stay of operation of impugned order dated 06.12.2021 (also 15.12.2021 and 23.12.2021) passed in Company Petition No. 363 of 2015 which is upheld by order dated 11.01.2022 passed by the High Court of Judicature at Madras in Original Side Appeal No. 1 of 2022.
The Court has the discretion to grant time and order a stay of operation based on the parties' agreement.
The court upheld the use of video conferencing in legal proceedings during emergencies, ensuring fair hearing and access to justice.
Review applications require sufficient representation; absence leads to dismissal especially when compliance is confirmed.
The court grants an interim stay until 08.04.2026 in consideration of the appeals against the earlier order.
An appellate court or supervisory court may extend a stay of execution proceedings during the pendency of an appeal to allow a party sufficient time to seek stay orders from the First Appellate Court....
The court's procedural ruling emphasizes the importance of compliance and adjournments for adequate representations in multiple cases.
The need for the Trial Court to decide the application of the Petitioner on its own merits and the imposition of legal costs as a condition for the liberty granted.
The court determined that the stay order from the Supreme Court renders the contempt petition without substance at this time.
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