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2022 Supreme(Del) 1296

RAJIV SHAKDHER, TALWANT SINGH
Tata Sia Airlines Limited – Appellant
Versus
Frankfinn Aviation Services (pvt. ) Ltd – Respondent


Advocates appeared:
Akhil Sibal, Advocate, Kruttika Vijay, Advocate, C.M. Lall, Advocate, Kapil Midha, Advocate

JUDGMENT

Rajiv Shakdher, J. - CM aPPL. 7299/2022 in FaO(OS) (COMM) 33/2022

CM aPPL. 7302/2022 in FaO(OS) (COMM) 34/2022

1. allowed, subject to just exceptions.

FaO(OS) (COMM) 33/2022 and CM aPPLs. 7297-98/2022

FaO(OS) (COMM) 34/2022 and CM aPPL. 7300-01/2022

2. Inter alia, the above-captioned appeals are directed against the common order dated 02.02.2022, passed by the learned single judge in the appellant's application, preferred under Order XXXIX Rule 4 of the Code of Civil Procedure Code, 1908 (in short 'CPC') i.e., I.a. 1670/2022, and in respondent's application, filed under Order XXXIX Rule 2a of CPC i.e., I.a. 1795/2022. Both the applications have been preferred in a suit filed by the respondent i.e., CS(COMM) 54/2022.

2.1. Via the impugned order, the learned single judge has issued notice in the aforementioned interlocutory applications and given opportunity to the contesting side to file a reply. The applications have been listed by the learned single judge, on 07.03.2022.

3. Given the foregoing, counsels for the parties are agreed that the above-captioned appeals can be disposed of with the following directions:

    (i) The respondent will file a reply to the appellant's application

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