LAWS(BOM)-2018-2-345

GLOBAL AVIATION SERVICES PRIVATE LIMITED Vs. AIRPORT AUTHORITY OF INDIA A BODY CORPORATE CONSTITUTED BY CENTRAL GOVERNMENT UNDER AIRPORT AUTHORITY ACT, (55 OF 1994)

Decided On February 21, 2018
Global Aviation Services Private Limited Appellant
V/S
Airport Authority Of India A Body Corporate Constituted By Central Government Under Airport Authority Act, (55 Of 1994) Respondents

JUDGEMENT

(1.) The respondents in all these petitions have raised a preliminary issue of maintainability of these petitions on the ground that no notice under section 34 (5) of the Arbitration and Conciliation Act, 1996 has been issued by the petitioners to the respondents before filing these arbitration petitions and thus the petitions are liable to be dismissed on that ground itself. In view of this preliminary objection raised by the respondents, learned counsel appearing for the parties have addressed this Court on this issue at this stage at great length, which is being considered by this Court by passing a common order in the aforesaid matters.

(2.) The questions that arise for consideration of this Court are:-

(3.) The petitioner in Commercial Arbitration Petition No. 434 of 2017 began the arguments on these issue first and thus the facts in the said arbitration petition which are relevant for the purpose of deciding these preliminary issues raised by the respondents are summarized in this order.