Delhi High Court - Orders
Spicejet Limited vs Twc Aviation Capital Limited on 27 May, 2024
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Amit Bansal
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 102/2024, CAV 254/2024 & CM Nos.31671-
72/2024
SPICEJET LIMITED ..... Appellant
Through: Mr Amit Sibal, Sr Adv. with Mr K.R.
Sasiprabhu, Mr Goutham
Shivshankar, Mr Ritesh Kumar, Mr
Kartikeya Asthana, Mr Manan
Shishodia, Mr Tushar Bhardwaj and
Mr Prakhar Agarwal, Advs.
versus
TWC AVIATION CAPITAL LIMITED ..... Respondent
Through: Mr Dayan Krishnan, Sr Adv. with Mr
Ankur Mahindro, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 27.05.2024 [Physical Hearing/Hybrid Hearing (as per request)] CAV 254/2024
1. Since learned counsel for the respondent/caveator has entered appearance, the shall caveat stand discharged.
CM No.31672/20242. Allowed, subject to just exceptions.
FAO(OS) (COMM) 102/2024 page 1 of 3 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 28/05/2024 at 22:33:20 FAO(OS) (COMM) 102/2024 & CM No.31671/2024 [Application filed on behalf of the appellant seeking interim relief]
3. This appeal is directed against the judgments and orders dated 05.04.2024, 08.05.2024 and 15.05.2024 passed by the learned Single Judge in I.A.No.7590/2024 preferred by the respondent/plaintiff under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 ["CPC"]. 3.1 In effect, the learned Single Judge via order dated 15.05.2024 referred to hereinabove, issued the following operative directions:
"20. Under such circumstances, this Court has no option but to direct that the aircrafts along with the engines along, with all relevant records relating to technical condition and usage of aircrafts shall be handed over to the Plaintiff by 28th May, 2024. Ordered accordingly. "
4. It is against this backdrop that arguments were advanced by Mr Amit Sibal, learned senior counsel, who appears on behalf of the appellant. However, after some arguments, albeit on instructions from Mr K.R. Sasiprabhu, Advocate, Mr Sibal says that the appellant/defendant would like to withdraw the appeal. That said, the only leeway that the appellant/defendant seeks, according to Mr Sibal, concerns an extension of time for compliance, i.e., for handing over physical possession of the subject aircraft frames, engines and technical records.
5. Mr Dayan Krishnan, learned senior counsel, who appears on behalf of the respondent/plaintiff, says that as long as the physical possession is given, the court could consider granting an extension of time for handing over the subject aircraft frames, engines and technical records.
6. We may note that Mr Sibal also submits that the appellant/defendant would like to advance submissions in the pending suit, although that would FAO(OS) (COMM) 102/2024 page 2 of 3 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 28/05/2024 at 22:33:20 not come in the way of handing over the physical possession of the subject aircraft frames, engines and technical records. 6.1 Mr Sibal's statement is taken on record.
7. The appellant/defendant will hand over the subject aircraft frames, engines and technical records to the authorised representative of the respondent/plaintiff on or before 17.06.2024.
8. The appeal, as prayed for, is dismissed as withdrawn. Consequently, the pending application shall stand closed.
9. Parties will act based on the digitally signed copy of the order.
RAJIV SHAKDHER, J AMIT BANSAL, J MAY 27, 2024 aj Click here to check corrigendum, if any FAO(OS) (COMM) 102/2024 page 3 of 3 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 28/05/2024 at 22:33:21