Big Charter Private Limited vs Ezen Aviation Pty. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

Table of Content
1. petition for pre-arbitration relief under the arbitration act. (Para 1 , 3 , 4 , 5)
2. lease agreements and responsibilities regarding aircraft. (Para 6 , 8 , 9)
3. jurisdiction and liability for interim relief. (Para 19 , 20 , 21)
4. grounds for court's intervention in arbitration disputes. (Para 22 , 23 , 25 , 29)
5. court's conclusion on the interim measures granted. (Para 152 , 153 , 154)

JUDGMENT

1. 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 Respond

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DELHI HIGH COURTC.HARI SHANKARBig Charter Private Limited – AppellantVersusEzen Aviation Pty. Ltd. – Respondent

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