Pending the homologation of two foreign arbitral awards rendered against the Republic of India in favour of Plaintiffs, this case involves two seizures before judgement by garnishment effected in the hands of IATA that were authorized ex parte at the behest of Plaintiffs who are seeking to execute their arbitral awards in excess of USD 111M due by the Republic of India but against the assets of two of its state-owned agencies, namely the Airport Authority of India and Air India, Ltd.
 Despite the fact that they are distinct legal entities who were not parties nor involved in the arbitration process nor were they condemned to pay any amount of money to Plaintiffs, the latter obtained two authorizations to seize before judgement by garnishment the assets of the Airport Authority of India and Air India, Ltd. in the hands of IATA on the basis that they are the alter egos of the Republic of India and as such, their assets are subject to seizure just as if they belonged to the Republic of India.
 Both AAI and Air India were never- nor were ever alleged to have been- parties to the arbitration proceedings that gave rise to the Treaty Awards nor were they personally condemned to pay any sums of money to Plaintiffs in connection therewith.
 Moreover, there are no allegations that AAI and Air India have acted in any manner whatsoever that could give rise in the minds of Plaintiffs to a serious and objective fear or apprehension that without the Seizures, the recovery of their claim pursuant to the Treaty Awards would be seriously jeopardized.
376. The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension.
A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal.
55. Format. The memorandum shall include a title page, a table of contents and be paginated consecutively.
The provisions relating to briefs (including the final requirements) apply to memoranda with the necessary adaptations.
Already registered ?