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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Tata Sia Airlines Limited – Appellant
Versus
Frankfinn Aviation Services (Pvt.) Ltd. – Respondent
| Table of Content |
|---|
| 1. notice issued in interlocutory applications. (Para 1 , 2) |
| 2. directions for filing of replies and rejoinders. (Para 3) |
| 3. clarification on impact of order on pending applications. (Para 4) |
| 4. closure of pending applications. (Para 5) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (Oral)
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 oppo
Timely filing of replies to interlocutory applications and scheduling of the judge's consideration.
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 can advance hearing dates and allow service of documents via multiple means to expedite judicial proceedings.
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 emphasized the necessity for expediting trial proceedings in CPC applications concerning judgments on admissions and interim relief, establishing clear timelines for evidence submission and....
Court emphasizes the requirement of notifying intentions to create third-party rights in property pending adjudication of application, upholding status quo.
A trial court must address all claims for interim relief, and any failure to adequately consider such claims necessitates appellate intervention.
The court appointed a retired judge as a sole arbitrator for disputes under the Arbitration Act, allowing the appellant to pursue interlocutory applications while emphasizing that the merits of the c....
The court mandates the Tribunal to address pending applications promptly to ensure effective relief and maintain status quo for affected parties.
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