Delhi High Court - Orders
Kal Airways Pvt. Ltd vs M/S Spicejet Ltd. & Anr on 4 November, 2020
Author: Rekha Palli
Bench: Rekha Palli
Via video conferencing
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 31/2019
KAL AIRWAYS PVT. LTD. ..... Decree Holder
Through Mr.Maninder Singh, Sr.Adv. and
Mr.ASL Sundaresan, Sr.Adv. with Ms.Nandini
Gore, Ms.Natasha Sahrawat, Mr.Raghvendra
Pratap Singh, Mr.Jasvir Singh Sabharwal,
Mr.Prabhas Bajaj, Advs.
versus
M/S SPICEJET LTD. & ANR. .....Judgment Debtors
Through Mr.Mukul Rohtagi and Mr.Sanjeev
Sindhwani, Sr.Advs. with Mr.Sanjay Abbot,
Mr.Arshdeep Singh Khurana, Mr.Tanmay Mehta,
Mr.Abhinav Sharma, Advs.
+ OMP (ENF.) (COMM.) 32/2019
MR. KALANITHI MARAN ..... Decree Holder
Through Mr.Maninder Singh, Sr.Adv. and
Mr.ASL Sundaresan, Sr.Adv. with Ms.Nandini
Gore, Ms.Natasha Sahrawat, Mr.Raghvendra
Pratap Singh, Mr.Jasvir Singh Sabharwal,
Mr.Prabhas Bajaj, Advs.
versus
M/S SPICEJET LTD. & ANR. .... .Judgment Debtors
Through Mr.Mukul Rohtagi and Mr.Sanjeev
Sindhwani, Sr.Advs. with Mr.Sanjay Abbot,
Mr.Arshdeep Singh Khurana, Mr.Tanmay Mehta,
Mr.Abhinav Sharma, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
Signature Not Verified
Digitally Signed
By:SAURABH RAWAT
Signing Date:04.11.2020
22:32:30
ORDER
% 04.11.2020 E.A. 1054/2020 in OMP (ENF.) (COMM.) 31/2019 E.A. 1053/2020 in OMP (ENF.) (COMM.) 32/2019
1. Pleadings in these applications stand complete.
2. At the outset, learned senior counsel for the judgment debtors (JDs) submits that since a special leave petition (SLP) assailing the order passed by this Court on 02.09.2020 is already listed for hearing before the Hon'ble Supreme Court on 06.11.2020, hearing in these applications be deferred to await the outcome of the SLP.
3. Even though the request is vehemently opposed by the learned senior counsel for the Decree Holders (DHs), I am inclined to accept the prayer of the JDs and find it appropriate to defer hearing these applications for the time being. However, in the meanwhile and subject to any order passed by the Supreme Court in this regard, JD Nos. 1 and 2 are directed to file their affidavits of disclosure in the formats provided in Annexures B-1 and A-1 respectively, to the judgment passed by this Court on 05.08.2020 in Ex. P. 275/2012 titled Bhandari Engineers & Builders Pvt. Ltd. Vs. Maharia Raj Joint Venture & Ors. These affidavits of disclosures shall be filed within a period of three weeks and any response thereto shall be filed within two weeks thereafter.
4. At this stage, learned counsel for JD No.2 prays for permission to file the affidavit of JD No. 2, as directed to be filed hereinabove, in a sealed cover considering the fact that public disclosure of the contents therein is likely to cause harm to his business interests.
Signature Not Verified Digitally Signed By:SAURABH RAWAT Signing Date:04.11.2020 22:32:30Thus, for the present, the JD No.2 will be entitled to file his affidavit of assets in a sealed cover. It is made clear that copies thereof will be furnished to the DHs only once they file affidavits before this Court undertaking to maintain the confidentiality of the disclosure affidavit filed by JD No.2, which shall include an undertaking to neither share the contents thereof with any third party nor leak or reveal them in any public forum.
5. At request, list on 07.01.2021.
REKHA PALLI, J NOVEMBER 4, 2020/sr Signature Not Verified Digitally Signed By:SAURABH RAWAT Signing Date:04.11.2020 22:32:30