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2015 Supreme(Del) 4063

DEEPA SHARMA
Transair – Appellant
Versus
Kuwait Airways Ltd. – Respondent


O.M.P. 431/2014 & I.A. No. 7026 of 2014 (for stay)
For the Petitioners:Mr. Abhijat & Mr. Aaditya Vijay Kumar, Advocates.
For the Respondent No. 1:Ms. Mamta Tiwari, Ms. Swati Sinha, & Mr. Shyam Kumar, Advocates.
For the Respondent Nos. 2 & 3:Mr. Vaibhav Gaggar, Mr. Abhimanyu Chopra, Mr. Tushar Gupta, Mr. Saket Bisani, Mr. Indresh Kumar, Ms. Reena Kumari, Mr. Nitish Sharma & Mr. Anil Jha, Advocates.
O.M.P. 461/2014 & CM. No. 7934/2014 (for stay)
For the Petitioners:Mr. Vaibhav Gaggar & Mr. Abhimanyu Chopra, Mr. Tushar Gupta, Mr. Saket Bisani, Mr. Indresh Kumar, Ms. Reena Kumari, Mr. Nitish Sharma & Mr. Anil Jha, Advocates.
For the Respondent No. 1:Ms. Mamta Tiwari, Ms. Swati Sinha and Mr. Shyam Kumar, Advocates.
For the Respondent Nos. 2 & 3:Mr. Abhijat & Mr. Aaditya Vijay Kumar, Advocates.

JUDGMENT :

Deepa Sharma, J.:--

1. M/s Transair & Ors. (hereinafter referred as TA) and its partners Mr.Chetan Gupta, Ms. Vandana Gupta and Ms. Jagwati (now deceased through LR) have filed the present petitions under Section 14 of Arbitration and Conciliation Act, 1996 (hereinafter called the Arbitration Act) for declaring that the mandate of the Arbitral Tribunal (hereinafter called “the tribunal”) - consisting of Hon’ble Mr. Justice B.P. Jeevan Reddy (Retd.) Chairman, Hon’ble Dr. Justice A.S. Anand (Retd.), Hon’ble Mr.Justice V.N. Khare (Retd.) since stood terminated by efflux of time on 17.10.2012, the tribunal had become de jure unable to perform its functions, and so its further extension by Director General (hereinafter referred as DG of International Air Transport Association (IATA)) of its mandate vide letter dated 18th December, 2012 and by impugned order dated 14.03.2014 is illegal and contrary to the IATA Arbitration Rules, and be set aside and quashed.

2. Common question of law and facts are involved in both the petitions hence disposed of vide this common order.

3. The brief facts in nutshell necessary for determination of the matter, are as under.

4. The TA had entered int






































































































































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