CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Limited, and Telcom Devas Mauritius Limited v. Republic of India (I), Judgment of Court of Appeal of Quebec

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Republic of India c. CCDM Holdings

2023 QCCA 1452

CANADA
PROVINCE OF QUEBEC
REGISTRY OF MONTREAL

No.: 500-09-030393-235
(500-11-060766-223)

COURT OF APPEAL

MINUTES OF HEARING

DATE: November 16, 2023

THE HONOURABLE CHRISTINE BAUDOUIN, J.A.

APPELLANT	COUNSEL
REPUBLIC OF INDIA	Mtre ÉRIC MONGEAU Mtre PATRICK GIRARD Mtre VINCENT LANCTÔT-FORTIER Mtre MARIANNE BASTILLE-PARENT Mtre BENJAMIN HERRERA (Stikeman Elliott) Absent
RESPONDENTS	COUNSEL
CCDM HOLDINGS, LLC DEVAS EMPLOYEES FUND US, LLC TELCOM DEVAS, LLC	Mtre MATHIEU PICHÉ-MESSIER Mtre KARINE FAHMY Mtre AMANDA AFEICH Mtre DAYEON MIN (Borden Ladner Gervais) Absent

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IMPLEADED PARTIES	ABSENT AND UNREPRESENTED
AIRPORT AUTHORITY OF INDIA AIR INDIA LIMITED INTERNATIONAL AIR TRANSPORT ASSOCIATION

DESCRIPTION: Application by the respondents to strike documents and allegations from the appellant's brief (Arts. 169, 370, 377 C.C.P. and ss. 51, 65 and 66 R.C.A.Q.Civ.M.).

Modified application by the respondents to strike documents and allegations from the appellant's brief (Arts. 169, 370, 377 C.C.P. and ss. 51, 65 and 66 R.C.A.Q.Civ.M.).

Clerk at the hearing: Mélanie Camiré

Courtroom: RC-18

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HEARING

Considering the written exchanges between the parties.

The parties are excused from appearing in Court.

BY THE JUDGE: Judgment – see page 4.

Mélanie Camiré, Clerk at the hearing

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JUDGMENT

[1] CONSIDERING the respondents' application, dated November 3, 2023, to strike documents and allegations from the appellant's brief;

[2] CONSIDERING the respondents' modified application, dated November 7, 2023, to strike documents and allegations from the appellant's brief (both of the foregoing applications being hereinafter referred to jointly as the “Application to Strike");

[3] CONSIDERING the written exchanges between the parties and the agreement reflected therein;

THE UNDERSIGNED:

[4] TAKES NOTE of the parties' consent to strike the following from the appellant's brief:

Footnote 119;
The "Unlisted Exhibit: Orders of the Supreme Court of Mauritius dated April 28 and May 2, 2023, en liasse”, which exhibit is found in Schedule III, in the general table of contents, and in the table of contents of volume 7 of the appellant's brief.

[5] RELIEVES the appellant from the obligation to file a modified version of its appeal brief;

[6] TAKES NOTE of the respondents' consent to the effect that, in the context of the hearing on the merits of the present appeal, no reference may be made to the respondents' submissions set out in the Application to Strike or to the schedules thereto;

[7] DECLARES that the Application to Strike is moot;

[8] CONFIRMS that neither the Application to Strike nor its schedules will be transmitted to the members of the Court who will hear the present appeal on its merits;

[9] WITHOUT COSTS.

CHRISTINE BAUDOUIN, J.A.