JET AIRWAYS INDIA LIMITED Vs. SUBRATA ROY SAHARA

JUDGEMENT

(1.) THE fight over ownership of the shares of an airline, whose aircrafts ply at high altitude at sub zero temperatures, has generated a lot of heat and litigation which has led to the filing of these appeals. Both the Appeals are filed for challenging the Judgment and Order dated 4th May, 2011 passed by the Learned Single Judge (Dr. D.Y. Chandrachud, J) in Execution Application No. 161 of 2009 with Chamber Summons Nos. 551/09, 729/09, 603/10 & 477/11 and Notice No. 734 of 2009 in Arbitration Award dated 12 April 2007. THE Appellants in Appeal No. 345 of 2011 (Jet Airways (India) Limited) was the first Claimant, whereas the Appellants in the cross-Appeal No. 456 of 2011 (Mr. Subrata Roy Sahara & ors.) were the second Claimants in the proceedings of Arbitration to which a reference would be made in due course.

(2.) INITIALLY, the second Claimants being the Appellants in Appeal No. 456 of 2011 (Appeal (Lodg.) No. 293 of 2011) had alone filed their Appeal and on 6th May, 2011, we had passed an interim order which reads thus: Stand over to 14th June, 2011. 1. Mr.Janak Dwarkadas, learned senior counsel for the respondent no.1 states that the respondent no.1 has to develop its property in Bandra-Kurla complex, Mumbai and that in the process of re- development they are going to get 1,50,000 sq. feet of built up-area property which the respondent no.1 does not propose to alienate or dispose of said built-up property and that the till next date of hearing, the respondent no.1 shall also not encumber 75,000 sq. feet built-up-area out of the said 1,50,000 sq. ft of builtup- area. The question of maintainability of the Appeal is kept open. The question of maintainability of the Appeal was kept open.

(3.) THOUGH, for decision regarding question of maintainability of Appeals, detailed narration of facts may not be required, we deem it appropriate to give a brief resume of facts leading to the passing of the Judgment and Order impugned in the Appeals as also filing of these Appeals. We are referring only to those facts which are undisputed and hence not going into any disputed question of facts which may have to be considered if the arguments on merits are required to be heard.