T.RAJA, M.CHOCKALINGAM
ECC Leasing Company Limited Rep. By its Power of Attorney Ajith C. R. – Appellant
Versus
Paramount Airways Pvt. Ltd. , Rep. By its Managing Director – Respondent
M. CHOCKALINGAM, J.
These two intra-court appeals have arisen from the common order of the learned Single Judge of this Court made in A.Nos.4806 and 4807 of 2009 filed under Sec.9 of the Arbitration and Conciliation Act, 1996.
2. For the sake of convenience, the parties hereinafter will be referred to as applicant and respondent respectively.
3. The said applications seeking appointment of Advocate Commissioner for seizure of two aircrafts, equipment and documentation wherever found and if necessary with police protection, came to be filed under the following facts and circumstances:
(a) Theapplicant company, the owner of two Embraer 170 LR aircrafts bearing Nos.ERJ170 MSN1700002 and ERJ170 MSNI700005 with Indian Registration Marks VT-PAB and VT-PAC, entered into two lease agreements with the respondent company for a period of five years from the date of delivery. Though the agreements were entered into on 5. 2005, the first agreement was amended on 13. 2006, 24. 2006 and 12. 2007 and the latter was amended on 19. 2005, 24. 2006 and 12. 2007. Insofar as the first aircraft, the delivery date was 19. 2005 while in the case of the second aircraft, it was 33. 2006. It was
2. AIR 2008 SC 1061 (VENTURE GLOBAL ENGINEERING V. SATYAM COMPUTER SERVICES LTD. AND ANOTHER)
4. 1991 (1) SCC 533 (INDIAN OIL CORPORATION VS. AMRISTAR GAS SERVICE AND OTHERS)
5. 2010 (1) CTC 481 (CHOLAMANDALAM DBS FINANCE PVT. LTD. VS. SUDHEESH KUMAR)
10. AIR 2002 BOM 284 (EAGLE COPTERS LIMITED V. AZAL AZER PARJII AVIATION LIMITED)
113. AIR 2002 SC 1432 (BHATIA INTERNATIONAL V. BULK TRADING S.A. & ANOTHER)
3. 2009 (4) CTC 728 (TEBMA SHIPYARDS LIMITED VS. TRICO SUBSEA AS)
7. 2010 (1) CTC 481 (CHOLAMANDALAM DBS FINANCE LIMITED V. SUDESH KUMAR)
9. AIR 2007 SC 2563 (ADHUNIK STEELS LTD. V. ORISSA MANGANESE AND MINERALS PRIVATE LIMITED)
11. AIR 2002 SC 2308 (ITI LTD. V. SIEMENS PUBLIC COMMUNICATIONS NETWORK LTD.)
1. AIR 2002 SC 1432 (BHATIA INTERNATIONAL VS. BULK TRADING S.A. AND ANOTHER)
12. AIR 1962 MAD 163 (RAMIAH NADAR V. AMIRTHARAJ)
114. AIR 2008 SC 1061 (VENTURE GLOBAL ENGINEERING V. SATYAM COMPUTER SERVICES LTD. & ANOTHER)
115. 2009 (4) CTC 728 (TEBMA SHIPYARDS LIMITED V. TRICO SUBSEA AS).
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