Delhi High Court - Orders
Team France 01 S.A.S. And Anr vs Spicejet Limited on 30 September, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 83/2024
TEAM FRANCE 01 S.A.S. AND ANR. .....Decree Holders
Through: Mr Rajshekhar Rao, Senior Advocate
with Mr Anandh Venkataramani, Mr.
Saket Satapathy, Mr Anubhav Dutta,
Mr Vinay K Misra, Advocates
versus
SPICEJET LIMITED .....Judgement Debtor
Through: Mr. Amit Sibal, Senior Advocate with
Mr. K.R. Sasiprabhu, Mr. Sanjeev
Seshadri and Mr. Kartikeya Asthana,
Advocates
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 30.09.2024 EX.APPL.(OS) 1578/2024 (under Order XXXIX Rules 1 and 2 CPC seeking urgent ex-parte interim reliefs)
1. Learned senior counsel for the Judgement Debtor ('JD') states that the status of the grounding of the SpiceJet engines in compliance with the order dated 14.08.2024 is as follows:
S.No. Flight No. Location Date of Grounding
1. ESN 692805 Hyderabad 16.09.2024
2. ESN 602776 Hyderabad 30.06.2024
3. ESN 854096 Delhi 26.09.2024
EX.P. 83/2024 Page 1 of 4
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 02/10/2024 at 01:16:30 1.1. He states that with respect to the direction set out at paragraph 29.2 of the order dated 14.08.2024 as regards offering inspection to the Decree Holder ('DH'), the JD will ensure that the inspection is offered on or before 07.10.2024 subject to the DH providing the names of its representatives during the course of the day.
1.2. He states that the JD will comply with the directions at paragraph 29.1 of the order dated 14.08.2024, however, the JD is finding it difficult to comply with the timeline of '15 days'.
1.3. He states that the JD shall comply with the directions of re-delivery of the Engines without prejudice to JD's rights to file objections in the present execution petition.
1.4. He states that for the purpose of re-delivery of Engines JD requires 'Aircraft Engine Stand' and the JD does not have an Engine Stand readily available. He states it would take the JD at least 30 days (from today) to procure the said unit.
1.5. He states, however, the DH is at liberty to procure an Engine Stand at an earlier date, if it is so possible and the JD does not have any objection for the same.
2. In reply, learned counsel for the DH states that since the directions in the order dated 14.08.2024 passed by this Court [and as further upheld by the Division bench of this Court and Supreme Court] were not being complied by the JD within the time granted and the JD was continuing to use the Engines for flying, therefore, the DH had addressed two communication e-mails dated 16.08.2024 and 23.09.2024 to Mr. Ajay Chauhan, Director of Airworthiness in Directorate General of Civil Aviation (DGCA). He states that, however, no response has been received from EX.P. 83/2024 Page 2 of 4 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 02/10/2024 at 01:16:30 DGCA to the said e-mails.
2.1. He states that the JD was aware since the order dated 14.08.2024 passed by this Court that there was a direction of this Court for re-delivery of the Engines and their inaction in procuring the Engine Stand till date cannot be countenanced for the delay in re-delivering the Engines. 2.2. He states that DH reserves his right to verify the dates of grounding of the Engines handed over today.
3. This Court has considered the submission of the parties.
4. Issue Court notice to DGCA with a direction to the competent officer of DGCA to remain present in Court on the next date of hearing with a status report confirming due compliance of the directions of re-delivery in order dated 14.08.2024. The DGCA will also enlist in the status report the details of the flights undertaken by the Judgment Debtor with the Engines after 14.08.2024. The DGCA will also state in the said report the action taken by DGCA after being apprised by the DH vide email dated 16.08.2024 and 23.09.2024 with respect to the orders passed by this Court. The DGCA will also report the status of re-delivery of Engines in its status report.
5. The JD will provide details for issuance of notice to DGCA within three days. In addition, issue notice to DGCA through its nominated counsel.
6. The stand of the JD that it will initiate arrangements for procuring Engine Stand after today's hearing and it will take JD 30 days to procure the stand is unjustified.
7. In view of the submissions of the JD, this Court grants liberty to the DH to procure an Engine Stand at an earlier date, at the risk and costs of the JD; since it is a matter of record that there was no stay granted to the JD EX.P. 83/2024 Page 3 of 4 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 02/10/2024 at 01:16:31 after the passing of the order dated 14.08.2024 as well as the judgment dated 11.09.2024 passed by the Division Bench of this Court.
8. There is no reasonable explanation on record by the JD for not making arrangements for an Engine Stand after the passing of the judgment dated 11.09.2024 passed by Division bench of this Court.
EX.P. 83/20249. With the consent of the parties, the present execution petition is taken up for hearing.
10. Issue notice. Mr. K.R. Sasiprabhu accepts notice.
11. He seeks and is granted two (2) weeks' time from today to file his reply to the petition.
12. Rejoinder, if any, be filed within a period of two (2) weeks thereafter.
13. The date of 01.10.2024 is cancelled.
14. The defendants are directed to file affidavit of assets in accordance with the Order XXI Rule 41(2) CPC.
15. List on 13.11.2024.
16. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J SEPTEMBER 30, 2024/msh/ms Click here to check corrigendum, if any EX.P. 83/2024 Page 4 of 4 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 02/10/2024 at 01:16:31