Delhi High Court - Orders
Vs Msn 36118 Cay Designated Activity ... vs Spicejet Limited on 21 November, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 78/2023
VS MSN 36118 CAY DESIGNATED ACTIVITY COMPANY
..... Decree Holder
Through: Mr. Rajshekhar Rao, Senior Advocate
with Mr. Anandh Venkataramani, Mr.
Saket Satapathy, Ms. Priyal Shah, Mr.
Anubhav Dutta, Ms. Nimisha Shukla,
Mr. Akshita Totla, Mr. Shivam
Kumar and Ms. Vishakha Gupta,
Advocates.
versus
SPICEJET LIMITED ..... Judgement Debtor
Through: Mr. Amit Sibal, Senior Advocate with
Mr. Sasi Prabhu, Mr. Kartikeya
Asthana, Mr. Tushar Bharadwaj, Mr.
Ritesh Kumar, Mr. Mohammed Ilyas
and Mr. Vinamra Kopariha,
Advocates with Mr. Hom Dev Vivek
Kumar.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 21.11.2023 EX.APPL.(OS) 1509/2023 (seeking urgent ex parte interim reliefs)
1. Issue notice. Mr. Sasi Prabhu, counsel for Judgment Debtor, accepts notice.
2. List on 1st February, 2024 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 26/11/2023 at 20:52:59 EX.P. 78/2023
3. The present petition under Section 44A of the Code of Civil Procedure, 1908 ("CPC"), seeks execution of the judgment dated 15th May, 2023, passed by the High Court of Justice, King's Bench Division Business and Property Courts of England and Wales, Commercial Court, i.e., a superior court of a reciprocating territory (UK).1
4. Mr. Rajshekhar Rao, Senior Counsel for the Decree Holder, also seeks urgent interim directions.
5. Mr. Amit Sibal, Senior Counsel representing Judgment Debtor, states at the outset that he would like to file a reply to the present petition. Nonetheless, he states, on instructions received from a representative of the Judgment Debtor who is present in Court, that the Judgment Debtor without prejudice to its rights shall henceforth pay monthly lease rentals under Clause 6 (Rent) & 8 (Maintenance Reserves) of the Lease Agreement dated 26th April, 2018. Mr. Sibal assures that the payment for November 2023 will be settled by 30th November 2023. He further clarifies that subsequent payments for the following months will consistently be made by the end of each respective month.
6. Reply/objections be filed within a period of six weeks from today. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
7. Mr. Rao requests appointment of a Local Commissioner to assess the condition of the aircraft leased to the Judgment Debtor. In response, Mr. 1 The Decree Holder has annexed a Ministry of Law Gazette Notification No. S.R.O. 399 dated 1st March, 1958 under Section 44A, issued exercising the powers conferred by Explanation 1 to Section 44A of the CPC, to emphasize that there is reciprocal arrangement between India and United Kingdom and designating the High Court of England as a superior court, and to submit that the judgment passed is executable as a decree under Section 44A of the Act.
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 26/11/2023 at 20:52:59 Sibal argues that such an appointment is unnecessary, suggesting that instead the is free inspect the aircraft, with prior notice. In light of this, the Court directs that the Decree Holder, or their authorized representatives, are granted permission to conduct an inspection of the aircraft. To facilitate this, both parties are instructed to collaboratively determine a mutually agreeable time and date for the inspection. Mr. Sibal's statement is accepted as a binding commitment on the part of the Judgment Debtor.
8. List on 1st February, 2024.
SANJEEV NARULA, J NOVEMBER 21, 2023 as 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 26/11/2023 at 20:53:00