Delhi High Court - Orders
Team France 01 S A S vs Spicejet Limited on 3 May, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~26 & 27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 908/2023 & I.As.25662-63/2023
TEAM FRANCE 01 S A S ..... Plaintiff
Through: Mr Rajshekhar Rao, Sr. Adv. with Mr
Anandh Venkataramani, Mr. Saket
Satapathy, Mr Anubhav Dutta, Ms
Mansi Tyagi, Ms Akshita Totla, Mr J
Shivam Kumar, Ms Pritha Banerjee,
Mr. Dushyant Kaul & Ms Vishakha
Gupta, Advs. (M: 8459235373)
versus
SPICEJET LIMITED ..... Defendant
Through: Mr Sandeep Sethi, Sr.Advocate with
Mr. K.R. Sasiprabhu & Mr. Kartikeya
Asthana, Advocates. (M:
8851382791)
27 AND
+ CS(COMM) 909/2023 & I.As.25664-65/2023
SUNBIRD FRANCE 02 S A S ..... Plaintiff
Through: Mr Rajshekhar Rao, Sr. Adv. with Mr
Anandh Venkataramani, Mr. Saket
Satapathy, Mr Anubhav Dutta, Ms
Mansi Tyagi, Ms Akshita Totla, Mr J
Shivam Kumar, Ms Pritha Banerjee,
Mr. Dushyant Kaul & Ms Vishakha
Gupta, Advs.
versus
SPICEJET LIMITED ..... Defendant
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 07/05/2024 at 01:57:30
Through: Mr Sandeep Sethi, Sr.Advocate with
Mr. K.R. Sasiprabhu & Mr. Kartikeya
Asthana, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 03.05.2024
1. This hearing has been done through hybrid mode.
2. On 28th March, 2024 the Court had directed the Defendant-Spicejet Limited to make payments for the use of three aircraft engines for the month of March, 2024. The relevant portion of the order is extracted hereunder:
"6. Let the current payment for the month of March, 2024, for the use of three engines, be made within four weeks.
7. As part of the negotiations, the manner in which the Defendant intends to pay the past outstanding amounts of more than 20 million dollars shall also be discussed."
3. Vide order dated 29th April, 2024 the submission of Mr Sethi, ld. Senior Counsel was recorded wherein he stated that he would file an affidavit confirming as to how payments for the month of March, 2024 have been made. Further, vide the said order, the Court held that if the Defendant has not made any payment for the month of March, 2024, the three engines would be liable to be grounded. The relevant portion of the said order is hereinunder:
"7. Mr. Sethi, Id. Senior Counsel submits that he would file an affidavit by tomorrow i.e., 30th April, 2024 confirming as to how the payment for the month of March, 2024 has in fact been made.
8. If the Defendant has not made the payment for the 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 07/05/2024 at 01:57:30 month March, clearly, the three engines would be liable to be grounded. "
4. Since, the payments in accordance to previous orders were not completed, vide order dated 1st May, 2024 directed as under:
"7. Considering the past conduct of the Defendant where there has been default on payment of even the monthly engine use charges, however, bearing in mind the recent payments of approximately 680,000/- US Dollars, the Court is inclined to give one last opportunity to the Defendant to pay a sum of Rs.50 crores within a reasonable time. If the said amount cannot be paid by the Defendant, the Court would have no option but to ground the three engines which belong to the Plaintiffs. In addition, it is recorded that out of the three engines, one engine has already been grounded by the Defendant.
8. Ld. Counsel for the Defendant may, accordingly, take instructions on the following:-
i) Time period for depositing Rs.50 crores.
ii) Whether the one grounded engine can be returned to the Plaintiffs and if so, by when."
5. Some negotiations appear to have taken place now between the parties, as per the correspondence which has been placed on record.
6. The Court does not wish to record all the terms and conditions of the settlement as discussions do not appear to have been finalized between the parties.
7. However, based on the submissions made today, it is directed that a sum of 1.58 million USD shall be paid by the Defendant to the Plaintiff by 22nd May, 2024. This is as per the suggestion made by the Plaintiff and agreeable to counsel for SpiceJet.
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 07/05/2024 at 01:57:30
8. It is today clarified by Mr. Sandeep Sethi, ld. Senior Counsel appearing for the Defendant that all the three engines are being utilized and only one engine had been earlier grounded for maintenance purpose.
9. List on 27th May, 2024.
PRATHIBA M. SINGH, J.
MAY 3, 2024/dk/bh 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 07/05/2024 at 01:57:30