Petitioner: Easy Handling LLC, a Georgia‑incorporated logistics support company.
Respondent: Pradaan Air Express Private Limited, Indian company registered under the Companies Act, 1956, providing chartered aircraft for cargo transport.
Arbitrators: Petitioner nominated Hon'ble Mr. Justice Jayant Nath (Former Judge, Delhi High Court); Court appointed Hon'ble Mr. Justice Chander Shekhar (Former Judge, Delhi High Court) as Respondent’s arbitrator.
Counsel for Petitioner: Mr. Vipul Wadhwa, Ms. Kashika Gera, Mr. Shreyash Choudhary, Ms. Kheyali Singh (AOR).
Counsel for Respondent: Not listed.
Issues / Allegations / Violations
Respondent was contractually obligated to operate 25 rotations per month (approximately 6 rotations per week) at USD 20,000 per rotation.
Petitioner alleges Respondent failed to provide the required rotations, constituting a breach of the Charter Agreement.
Petitioner issued a Termination Notice (19‑07‑2024) under Clause 16, demanding a refund of USD 103,398.65 (advance payment for unrendered services) and the return of a USD 50,000 security deposit.
No response was received from Respondent; consequently, Petitioner invoked arbitration on 18‑01‑2025 under Clause 21 and nominated an arbitrator.
Respondent neither nominated an arbitrator nor replied to the arbitration notice, prompting the filing of the arbitration petition before the Supreme Court.
Findings & Observations
The Court examined the petition filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996.
Observed that Respondent’s failure to nominate an arbitrator justified the Court’s intervention to ensure the arbitration process proceeds.
Recognised the parties’ right to raise all contentions before the appointed Arbitral Tribunal.
Penalties / Settlements / Directions
The Court appointed Hon'ble Mr. Justice Chander Shekhar as the arbitrator on behalf of the Respondent.
Directed the two arbitrators (Petitioner’s nominee and the Court‑appointed nominee) to appoint a Presiding Arbitrator in accordance with Clause 21 of the Charter Agreement.
Designated New Delhi, India as the seat and venue of arbitration.
Empowered the Arbitral Tribunal to fix its own remuneration/fees.
Disposed of all pending interlocutory applications, if any.
Corrective Actions & Future Obligations
Parties are at liberty to raise all available contentions before the Arbitral Tribunal.
The Tribunal will determine its remuneration and conduct the arbitration as per the Charter Agreement and applicable law.
Final Ruling & Enforcement
The Arbitration Petition is allowed as per the signed order dated 26‑05‑2026.
Appointment of Justice Chander Shekhar as Respondent’s arbitrator and direction to appoint a Presiding Arbitrator are final orders.
All pending applications are disposed of.
Order signed by Chief Justice Surya Kant and Justice Joymalya Bagchi.
