Case Law Details
Airports Authority of India (Kolkata Airport) Vs TDI International India Ltd. (Delhi High Court)
Held that TDI was not seeking a review, but rather, a discharge/ modification of the conditions prescribed in the said interim order. Accordingly, Arbitral Tribunal was entitled to exercise the said option, having regard to the principles enshrined under Order XXXIX Rule 4 of CPC.
Facts-
The short questions for consideration in the present appeal are whether the impugned interim order of the Arbitral Tribunal amounts to a review or recall of its earlier order, and, whether the same suffers from any infirmity which would warrant interference at the stage of final arguments of the arbitration proceedings.
Basically, the parties entered into a License Agreement dated 31.08.2010 for advertising rights for certain sites at the Netaji Subhash Chandra Bose International Airport Estate, Kolkata [Kolkata Airport] . A dispute arose between the parties, concerning rights and obligations arising out of various such license agreements executed between them. Accordingly, an arbitrator was appointed to adjudicate the dispute between the parties.
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Author Bio
This judgment has been stayed by the Hon’ble Supreme court vide order dated 25.11.2022 in SLP (c) 18723/2022.