INTERNATIONAL AIR TRANSPORT ASSOCIATION Vs. INDRANI AIR TRAVELS PVT. LTD.

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India read with Sec. 115 and Sec. 151 of the Civil Procedure Code is preferred by the petitioner, namely, International Air Transport Association (IATA), for setting aside and quashing of the order dtd. 20/7/2015, passed by the learned Civil Judge No. 1, Kamrup (Metro), Guwahati, in Petition No. 6363/2014 filed under Sec. 8 of the Arbitration and Conciliation Act, 1996, in M.S. No. 53/2014. It is to be noted here that vide impugned order, the learned Civil Judge No. 1, Kamrup (Metro), Guwahati has rejected the petition No. 6363/14 on the ground that the petitioner has failed to produce the copy of the original agreement or a duly certified copy thereof, even though the entire case of the respondent no. 1 is based upon the Passenger Sales Agency Agreement (PSSA), dtd. 15/6/2006.

(2.) The factual background leading to filing of the present petition is adumbrated herein below:-

(3.) I have heard Mr. D. Senapati, learned counsel for the petitioner. Also, heard Mr. P. K. Roychoudhury, learned counsel for the respondent.