RAJIV SHAKDHER, TALWANT SINGH
Tata Sia Airlines Limited – Appellant
Versus
Frankfinn Aviation Services (pvt. ) Ltd – Respondent
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
Timely filing of replies to interlocutory applications and scheduling of the judge's consideration.
The court established procedural directives on filing replies to interlocutory applications to ensure timely adjudication without affecting final decisions.
The main legal principle established is the court's authority to issue directions for expediting the trial and ensuring timely conclusion of proceedings.
The court permits withdrawal of an appeal against an ex-parte order to allow the appellant to pursue proper procedural remedies at the trial court.
The court emphasized the necessity for expediting trial proceedings in CPC applications concerning judgments on admissions and interim relief, establishing clear timelines for evidence submission and....
The court can advance hearing dates and allow service of documents via multiple means to expedite judicial proceedings.
The court has the authority to issue specific directions to maintain the status quo and prevent changes in disputed properties during the pendency of an interlocutory application.
A trial court must address all claims for interim relief, and any failure to adequately consider such claims necessitates appellate intervention.
Point of law : An order of rejection of application which application is made under Order XXXIX Rule 2-A of CPC would also be an order made under Order XXXIX Rule 2-A of CPC- As such appeal would lie....
The central legal point established in the judgment is the distinction between the provisions of Order XII Rule 6 CPC and Order VII Rule 11 CPC, and the applicability of each provision in different s....
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