Delhi High Court - Orders
Engine Lease Finance B V vs Spicejet Limited on 5 October, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 687/2023 & I.A. 19114/2023
ENGINE LEASE FINANCE B V ..... Plaintiff
Through: Mr. Rajshekhar Rao, Sr. Adv. along
with Mr. Anandh, Mr. Saket
Satapathy and Mr. Anubhav Dutta,
Advs.
versus
SPICEJET LIMITED ..... Defendant
Through: Mr. Sandeep Sethi, Sr. Adv. along
with Mr. K.R. Sasiprabhu, Mr.
Anurag, Tushar Bhardwaj, Mr.
Kartikeya Asthana, Mr. Vinayak
Maini and Ms. Neelu Mohan, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 05.10.2023 I.A. 19113/2023
1. The present application has been filed under order XXXIX rule 1, 2 & 7 r/w Section 151 of the CPC, 1908 seeking the following prayers:-
"a) Ad-interim ex-parte injunction restraining the Defendant, its directors, employees, officers, servants, agents and all others acting for and on their behalf from operating Engine MSN 038810;
b) An Order directing the Defendant to ground Engine MSN 038810 and not to use, operate or remove the Aircraft Engine without the Plaintiffs prior written consent or without orders of this Court;
c) An Order directing the Defendant to maintain and preserve the Engine, once it has been taken off-wing, as per the appropriate manufacturer's guidelines, i.e., in a Moisture Vapour Prevention bag, with desiccant and humidity indicators.
d) An Order directing the Defendant to facilitate and grant access to the Plaintiff or its agent( s) to inspect Engine MSN 038810 and the records pertaining thereto;
e) An Order directing the Defendant to immediately grant possession of Engine MSN 038810 that is the subject matter of the Suit, to the Plaintiff or its authorized agent( s) and compensate the Plaintiff for the costs associated with 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 06/10/2023 at 23:04:17 repossession or alternatively redeliver Engine MSN 038810 to the Redelivery Location provided in the Lease Agreements;
f) In alternate to prayer clause ( d) above, an order removing the Defendant from being in possession of Engine MSN 03 8810 and appointing the Plaintiff or any of its agents, or any suitable person as a Receiver for detention and preservation of the Engine MSN 038810 till final adjudication of the Suit;
g) An Order directing the Defendant to furnish security of an amount equivalent to the outstanding dues along with interest at 18% from the date of termination of Lease Agreement;
h) An order granting ex-parte relief in the terms of the prayers contained in paragraph 56 (a), (b), (c), (d), (e), (f) and (g) above."
2. Learned senior counsel for the plaintiff presses for an order restraining the defendant from operating the engine bearing No. MSN 038810 inasmuch as the plaintiff is stated to have terminated the lease agreement in respect thereof on 14.09.2021; admittedly also, there are outstanding dues payable to the plaintiff under the lease agreement which remain unpaid.
3. Learned senior counsel appearing on behalf of the defendant submits that the defendant is desirous of amicably resolving the matter with the plaintiff and seeks some time to have discussions with the plaintiff for the said purpose. Learned senior counsel for the plaintiff is not averse to the same; however, he submits that he would press for ad- interim order(s) on the next date of hearing if no amicable resolution is arrived at.
4. In the circumstances, at request of learned senior counsel for the defendant, re-notify on 16.10.2023.
5. Learned counsel for the plaintiff submits that in the meantime, the plaintiff be permitted to inspect the aforesaid engine. Learned counsel for the defendant submits, on instructions, that the defendant has no objection in this regard and will facilitate the same.
OCTOBER 5, 2023/AT SACHIN DATTA, J 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 06/10/2023 at 23:04:17