Delhi High Court - Orders
Twc Aviation Capital Limited vs Spicejet Limited on 8 May, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 285/2024 & I.A.7590/2024
TWC AVIATION CAPITAL LIMITED ..... Plaintiff
Through: Mr. Ashish Dholakia, Sr. Adv. with
Mr. Ravi Nath, Mr. Ankur Mahindro,
Mr. Rohan Taneja, Mr. Aditya Kapur,
Mr. Ankesh Tripathi, Mr. Siddharth
Vyas, Ms. Yashika Arora & Mr
Abhjeet Mittal, Advs. (M:
9891051888)
versus
SPICEJET LIMITED ..... Defendant
Through: Mr. Sandeep Sethi, Sr Advocate with
Mr. K. R Sasiprabhu, Mr. Kartikeya
Asthana & Ms. Shreya Sethi, Advs.
(M: 8851382791)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 08.05.2024
1. This hearing has been done through hybrid mode.
2. The present suit has been filed for declaration, mandatory and permanent injunction etc. The case of the Plaintiff- TWC Aviation Capital is that it is the owner of two Boeing 737-800 Aircrafts with manufacturer's serial numbers 34399 [VTSXB] and 34400 [VT-SXC] (hereinafter, 'Aircrafts') as also three Aircraft Engines bearing Engine Serial No. (ESN) 895134, 894147 and 894206 (hereinafter, 'Engines') and another engine bearing ESN 894207.
3. Mr. Dholakia, ld. Senior Counsel appearing for the Plaintiff submits that insofar as the inspection of aircrafts/airframes are concerned, inspection 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 09/05/2024 at 23:49:33 of only one aircraft has been permitted and inspection of remaining one aircraft is likely to take place in the next 10 days.
4. Insofar as the utilization/ usage report of engines is concerned, ld. Senior Counsel for the Defendant submits that the said report was furnished to Mr. Ted Nozaki, Director of TWC Aviation on 25th April, 2024, regarding which ld. Senior Counsel for the Plaintiff does not have instructions. Accordingly, let them seek instructions on the same. Further, a copy of the utilization report has also been furnished and provided to the Counsels for the Plaintiff in Court.
5. Let the inspection of the remaining aircraft be carried out within the next 10 days.
6. Reply has been filed by the Defendant, basically raising an objection in respect of the power of attorney holder of the Plaintiff and other objections as to maintainability.
7. On the question of monetary payments that are to be paid by the Defendant to the Plaintiff, Mr. Sethi, submits on instructions that the Defendant is willing to pay a sum of USD 435000 per month towards current dues to the Plaintiff. This proposal is not acceptable to the Plaintiff.
8. Ld. Senior Counsel for the Plaintiff submits that the total dues of the Defendant are in the range of around 10 million dollars and unless and until, the dues are cleared, the Plaintiff would like to insist on prayer for return of aircrafts/engines.
9. At this stage, the Court has seen the power of attorney. The same has been issued in favour of one Mr. Sudarshan Pradhan, who is a constituted attorney working at Rajinder Narain & Co.
10. On a query from the Court, Mr. Ravinder Nath submits that the power 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 09/05/2024 at 23:49:33 of attorney holder is neither a lawyer nor a partner in the said law firm. Therefore, insofar as the signing of the pleadings by the said individual is concerned, the objection would not be tenable.
11. Insofar as the monetary payments are concerned, the Court has put to the ld. Senior counsel for the Defendant as to whether the Defendant would be willing to deposit a sum of Rs.20 crores along with continuing payments of current dues for utilization of engines/aircraft. Mr. Sethi seeks time to take instructions in the matter.
12. List on 15th May, 2024.
13. In the meantime, the inspection of the aircrafts be continued. Interim orders already passed to continue.
PRATHIBA M. SINGH, J.
MAY 8, 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 09/05/2024 at 23:49:34