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2022 Supreme(Gau) 162

ROBIN PHUKAN
International Air Transport Association (IATA) – Appellant
Versus
Indrani Air Travels Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. D. Senapati
For the Respondent: Mr. P.K. Roychoudhury

JUDGMENT :

1. This application under Article 227 of the Constitution of India read with Section 115 and Section 151 of the Civil Procedure Code is preferred by the petitioner, namely, International Air Transport Association (IATA), for setting aside and quashing of the order dated 20.07.2015, passed by the learned Civil Judge No. 1, Kamrup (Metro), Guwahati, in Petition No. 6363/2014 filed under Section 8 of the Arbitration and Conciliation Act, 1996, in M.S. No. 53/2014. It is to be noted here that vide impugned order, the learned Civil Judge No. 1, Kamrup (Metro), Guwahati has rejected the petition No. 6363/14 on the ground that the petitioner has failed to produce the copy of the original agreement or a duly certified copy thereof, even though the entire case of the respondent no. 1 is based upon the Passenger Sales Agency Agreement (PSSA), dated 15.06.2006.

2. The factual background leading to filing of the present petition is adumbrated herein below:-

    “…The respondent no. 1, Indrani Air Travels Pvt. Ltd. is an agent of the petitioner-International Air Transport Association (IATA) and respondent no. 2-Pantheon Data Service Pvt. Ltd. on the strength of an agreement dated 15.06.2006

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