Delhi High Court - Orders
Team France 01 S A S Sunbird France 02 S A S vs Spicejet Limited on 19 December, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~50 & 51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 908/2023, I.A. 25662/2023 -O-39, R-1,2&7 & I.A.
25663/2023 -O-II, R-2.
+ CS(COMM) 909/2023, I.A. 25664/2023 -O-39, R-1,2&7 & I.A.
25665/2023 -O-II, R-2.
TEAM FRANCE 01 S A S
SUNBIRD FRANCE 02 S A S ..... Plaintiffs
Through: Mr.Rajshekhar Rao, Sr. Adv. with
Mr.Anand Venkatramani, Mr.Saket Satyapathy,
Mr.Anubhav Dutta, Ms.Priyal Shah, Ms.Akshita
Totla, Ms.Mansi Tyagi, Mr.J.Shivam Kumar,
Ms.Yamini Mukherjee & Ms.Pritha, Advs.
versus
SPICEJET LIMITED ..... Defendant
Through: Mr.Sandeep Sethi, Sr. Adv. with
Mr.K.R.Sasiprabhu, Mr.Kartikeya Asthana &
Mr.Tushar Bhardwaj, Advs. along with the
General Manager (Legal)
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 19.12.2023
1. These two suits have been filed seeking decree of permanent injunction restraining the defendant and their directors, employees etc., who are in possession of three engines leased out by the plaintiff, from utilising the said engines any further. The plaintiff has also sought directions to the defendant to hand over these engines to them and compensate them for the costs associated with their re-possession as also pay them the outstanding lease charges.
2. Learned senior counsel for the plaintiff, submits that the lease This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 23:18:59 agreements vide which the engines were handed over the defendant, have already been cancelled and therefore, there is no reason as to why the defendant should continue to use these engines any further. He, therefore, prays that the defendant be restrained from using the engines any further and also be directed to forthwith handover the possession thereof to the plaintiff.
3. Learned senior counsel for the defendant, who appears on advance notice, at the very outset, submits that while the defendant does not deny that a huge amount is still payable to the plaintiff, the actual amount can be determined only after reconciliation of the accounts. He, further, submits that the defendant has every intention to clear the outstanding dues of the plaintiffs and therefore, prays that time be granted to the defendant to show its bonafide. He assures the Court on instructions from the General Manager (Legal) of the defendant, that a sum of USD 50,000/- will be positively paid to the plaintiff on or before 21.12.2023 and a further sum of USD 200,000/- by 29.12.2023 whereafter another sum of USD 200,000/- will be paid on or before 03.01.2024. He, therefore prays that issuance of summons in the suits be deferred till then.
4. Even though learned senior counsel for the plaintiff opposes this request by contending that the intention of the defendant is not bonafide as the defendant has failed to abide by its similar promises made in the past, taking into account that this assurance is being given before this Court, hearing being is deferred with a direction to the defendant to file an affidavit, within ten days, setting out the manner in which they intend to liquidate the outstanding dues of the plaintiff This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 23:18:59 as also to restore the delivery of the engines to the plaintiff unless the lease is mutually extended.
5. List on 04.01.2024.
REKHA PALLI, J DECEMBER 19, 2023/kk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 23:18:59