Delhi High Court - Orders
Kal Airways Pvt. Ltd vs M/S Spicejet Ltd. & Anr on 25 May, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~47 & 48 (common order)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 31/2019, Ex. APPL.(OS) 679/2019,
1054/2020 & I.A. 6946/2019
KAL AIRWAYS PVT. LTD. ..... Decree Holder
Through: Mr.Maninder Singh, Senior Advocate
with Ms.Nandini Gore, Ms.Sonia
Nigam, Mr.Yash Dubey,
Mr.Yashwant Gaggar, Mr.Prabhas
Bajaj, Advocates.
versus
M/S SPICEJET LTD. & ANR.
..... Judgement Debtor
Through: Mr.Abhinav Sharma, Advocate.
+ OMP (ENF.) (COMM.) 32/2019, I.A. 6947/2019, Ex. APPL.
(OS)680/2019, 749/2020, 750-51/2020 & 1053/2020
MR. KALANITHI MARAN
..... Decree Holder
Through: Mr.Maninder Singh, Senior Advocate
with Ms.Nandini Gore, Ms.Sonia
Nigam, Mr.Yash Dubey,
Mr.Yashwant Gaggar, Mr.Prabhas
Bajaj, Advocates.
versus
M/S SPICEJET LTD. & ANR.
..... Judgement Debtor
Through: Mr.Abhinav Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 25.05.2023
1. The learned senior counsel for the decree holder submits vide order dated 02.09.2020 the Co-ordinate Bench of this Court had directed the judgment debtor to deposit an amount of Rs.242,93,70,845.56/- within six weeks. An application was filed by the judgment debtor for modification of the said order which was also rejected vide order dated 15.10.2020.
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 25/09/2023 at 05:40:55 Thereafter, the judgment debtor filed SLP (Civil) before the Hon'ble Supreme Court which was disposed of vide order dated 13.02.2023 whereby the judgment debtor was granted three months time to pay at least Rs.75.00 crores to the decree holder towards the liability on account of pending disposal of the petition under Section 34 of Arbitration and Conciliation Act and it was also directed in the event the judgment debtor defaults in complying the order, the award shall become executable forthwith in its entirety. It is submitted by the learned senior counsel for the decree holder, the judgment debtor has not paid any single penny till date, hence in view of the default by the judgment debtor, per clause iii of para 15 of the order dated 13.02.2023, the judgment debtor is now liable to make payment of entire awarded amount.
2. Further the learned senior counsel for the decree holder referred to an order dated 04.11.2020 passed by the Co-ordinate Bench of this Court wherein the judgment debtor was directed to file its affidavits of disclosure in the formats B1 and A2 respectively to the judgment passed by this Court on 05.08.2020 in Execution Petition 275/2012 titled as Bhandari Engineers and Builders Pvt. Ltd. vs. Maharia Raj Joint Venture and Ors. The said affidavit was to be filed within three weeks from 04.11.2020 but admittedly the affidavit has not been filed as yet.
3. The learned arguing counsel for the judgment debtor is not available today.
4. As requested, list on 29.05.2023.
YOGESH KHANNA, J.
MAY 25, 2023 DU 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 25/09/2023 at 05:40:55