Interglobe Enterprises Limited vs Royal Brunei Airlines Sdn Bhd And ...
2006 Latest Caselaw 141 Del

JUDGMENT

Sanjay Kishan Kaul, J.

IA No. 9751/2005

This is an application filed by the petitioner seeking amendment of the petition. The application is not opposed and the same is allowed. The amended petition is taken on record and be placed in part-I file.

OMP No. 396/2005

1. Orders were passed on 9.11.2005. The grievance of the petitioner is that the order is not being fully complied with. On the other hand the learned counsel for the respondent seeks to contend that in view of the termination of the Agreement with the petitioner, as per letter dated 15.11.2005 received by the petitioner on 17.11.2005, in any case the three months notice period in terms of Clause 13.1 would come to an end on 16.2.2006. Learned senior counsel for the petitioner further contends that since according to the petitioner substantive Law of England will apply in Arbitration proceedings despite the termination, the petitioner is entitled to seek interim relief in the Arbitration proceedings.

2. Learned senior counsel on instructions states that the petitioner is in the process of taking steps for invocation of the Arbitration Clause.

3. Learned counsel for the respondent states that the dispute cannot be a subject matter of arbitration and they have their own recourse to the legal remedy.

4. It is however agreed that the interim order dated 9.11.2005 shall ensure for the benefit of the petitioner only till 16.2.2006 leaving it open to the parties to take recourse to appropriate legal proceedings including any relief for further interim directions.

5. The petition is accordingly disposed of.