Delhi High Court - Orders
Engine Lease Finance B V vs Spicejet Limited on 21 December, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 687/2023
ENGINE LEASE FINANCE B V ..... Plaintiff
Through: Mr. Rajshekhar Rao, Sr. Adv. along
with Mr. Anandh Venkataramani, Mr.
Saket Satapathy, Mr. Anubhav Dutta,
Mr. Priyal Shah and Ms. Akshita
Totla, Advs.
versus
SPICEJET LIMITED ..... Defendant
Through: Mr. Sandeep Sethi, Sr. Adv. along
with Mr. K.R. Sasiprabhu, Mr.
Kartikeya Asthana and Mr. Tushar
Bhardwaj, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 21.12.2023 I.A. 25272/2023
1. During the course of hearing, Mr. Sandeep Sethi, learned senior counsel appearing on behalf of the defendant has handed over an affidavit sworn by Mr. Debojo Maharshi who is stated to be working in the defendant company as 'Chief Business Officer'. The aforesaid affidavit is taken on record.
2. In the said affidavit it has been stated as under:-
"4. That I, being a Key Managerial Personnel of the Respondent, thus state that the following payments will be made on or before 10.01.2024 as full compliance of this Hon'ble Court's oral direction in the hearing on 15.12.2023:
S. No. Amount in USD (in figure and Due on
words)
1. 500,000 (USD Five Hundred 30.11.2023
Thousand only)
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 24/12/2023 at 00:49:37
2. 250,000 (USD Two Hundred and 11.12.2023 Fifty Thousand only)
3. 300,000 (USD Three Hundred 15.12.2023 Thousand only)
4. 300,000 (USD Three Hundred 28.12.2023 Thousand only) Total USD 1,350,000 (USD One Million Three Hundred and Fifty Thousand only)
5. That I further state that the said payment will be released as per the timeline below:-
a. 29.12.2023: USD 300,000 (USD Three Hundred Thousand Only) b. 05.01.2024: USD 300,000 (USD Three Hundred Thousand only) c. 09.01.2024: USD 750,000 (USD Seven Hundred and Fifty Thousand only)
6. That I also state that the Engine having MSN 038810 will be removed on the night (Indian Standard Time) of 15.01.2024. The said Engine will be redelivered on 25.01.2024 in the redelivery condition at the redelivery location"
3. Let an affidavit affirming the aforesaid be also filed by one of the directors of the defendant company within a period of 2 weeks.
4. Mr. Sandeep Sethi, learned senior counsel for the defendant, undertakes, on instructions that the payment schedule indicated in the aforesaid affidavit, shall be strictly adhered to without any default or delay, failing which appropriate action be taken against the Defendant for committing contempt under Section 2(b) of the Contempt of Courts Act, 1971. The same is also reiterated by the authorized representative of the Defendant who is present in Court, and who submits that non-adherence to the aforementioned payment schedule be treated by this Court as contempt on the part of the Defendant of the orders passed by this Court.
5. List on 16.01.2024.
SACHIN DATTA, J DECEMBER 21, 2023/AT 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 24/12/2023 at 00:49:37