C.HARI SHANKAR
Big Charter Private Limited – Appellant
Versus
Ezen Aviation Pty Ltd – Respondent
JUDGMENT
C. Hari Shankar, J. - This petition, preferred under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act") seeks certain pre-arbitration interim reliefs.
2. The consent, of learned Counsel appearing for the petitioner as well as the respondent, ad idem, to final disposal of the present OMP, on the basis of arguments advanced and written submissions filed, without any further pleadings being brought on record, stands specifically noted. Accordingly, this judgement disposes of the OMP.
Factual Backdrop
3. The petitioner provides scheduled air operator services, under the name "Flybig". The respondents are engaged in the business and lease of aircrafts, and other associated activities. Respondent No. 1 is one of the group companies of Respondent No 2. Respondent No. 2 was running his business, in India, through Respondent No. 1.
4. The aircraft, forming subject matter of the present controversy - which was an ATR 72-500, bearing Manufacturer Serial Number (MSN) 688 - was owned by Respondent No 1.
5. The petitioner proposed to lease the aforesaid aircraft (hereinafter referred to as "the aircraft") from Respondent No 1. The follow
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