Delhi HC sets aside order upholding arbitral award in favour of Kalanithi Maran in dispute with SpiceJet

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Delhi HC sets aside order upholding arbitral award in favour of Kalanithi Maran in dispute with SpiceJet


Kalanithi Maran, CMD, Sun Network. File
| Photo Credit: Bijoy Ghosh

The Delhi High Court on May 17 set aside a single decide bench order which had upheld an arbitral award asking SpiceJet and its promoter Ajay Singh to refund ₹579 crore plus curiosity to media baron Kalanithi Maran.

A bench of Justices Yashwant Varma and Ravinder Dudeja allowed the appeals filed by Mr. Singh and SpiceJet difficult the only decide’s July 31, 2023 order.

“The appeals stand allowed. Consequently the July 31, 2023 order (of the single judge) is set aside,” the bench mentioned.

The division bench had earlier refused to remain the only decide’s order and had requested Mr. Maran and his firm Kal Airways to reply to the enchantment.

SpiceJet and Mr. Singh’s counsel had earlier argued that his problem was on the problem of 18% curiosity which the tribunal had directed SpiceJet to pay.

On July 31, 2023, the only decide had upheld the award introduced by the arbitral tribunal on July 20, 2018 in favour of Mr. Maran and Kal Airways.

It had mentioned the courtroom was barred from coming into into the deserves of an award except there was an error that was obvious on the face of the file or an illegality that goes to the basis of the matter.

Mr. Singh had approached the only decide bench of the excessive courtroom difficult the arbitral award.

The case dates to January 2015, when Mr. Singh, who owned the airline earlier, purchased it again from Mr. Maran after it was grounded for months because of useful resource crunch.

While the tribunal had requested Mr. Maran to pay Mr. Singh and the airline ₹29 crore in penal curiosity, Mr. Singh was requested to refund ₹579 crore plus curiosity to Mr. Maran.

The tribunal, created in 2016 on the orders of the Delhi High Court to adjudicate the share switch dispute, had held that there was no breach of a share sale and buy settlement reached between Maran and present promoter Mr. Singh in late January 2015.

In a reduction to Mr. Singh, the tribunal had, nevertheless, rejected Mr. Maran’s enchantment for damages of ₹1,323 crore from the Gurugram-based provider.

In February 2015, Mr. Maran of the Sun Network and Kal Airways, his funding automobile, had transferred their 58.46% stake in SpiceJet to Mr. Singh for ₹2 alongside with ₹1,500 crore debt legal responsibility, after the airline was grounded because of a extreme money crunch.

Mr. Singh was the primary co-founder of the airline and is now its chairman and managing director.

As half of the settlement, Mr. Maran and Kal Airways had claimed to have paid Spicejet ₹679 crore for issuing warrants and desire shares.

However, Mr. Maran approached the Delhi High Court in 2017, alleging SpiceJet had neither issued convertible warrants and desire shares nor returned the cash.



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