Big Charter Private Limited vs Ezen Aviation Pty Ltd

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Del) 960

C.HARI SHANKAR
Big Charter Private Limited – Appellant
Versus
Ezen Aviation Pty Ltd – Respondent

Advocates Appeared:
Gautaum Narayan, Advocate, Asmita Singh, Advocate, Aditya Nair, Advocate, Arvind Kamath, Advocate, Pashant Popat, Advocate, Nikit Bala, Advocate, Karishma Naghnoor, Advocate, Pai Amit, Advocate, Rahat Bansal, Advocate, Souvik Majumdar, Advocate

Table of Content
1. factual background regarding aircraft lease. (Para 3 , 4 , 5 , 6 , 9 , 10)
2. allegations of breach and failure to deliver aircraft. (Para 15 , 16 , 19 , 21)
3. jurisdiction and significance of section 9 of the arbitration act. (Para 25 , 39 , 40 , 41 , 60 , 110)
4. significance of prima facie case for interim relief. (Para 112 , 113 , 114 , 145)
5. court's decision on interim measures. (Para 152)

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

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2020 Supreme(Del) 960

C.HARI SHANKARBig Charter Private Limited – AppellantVersusEzen Aviation Pty Ltd – Respondent

Cases Referred (18)

C.HARI SHANKAR
Big Charter Private Limited – Appellant
Versus
Ezen Aviation Pty Ltd – Respondent