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Delhi High Court - Orders

Spicejet Limited vs Twc Aviation Capital Limited on 9 July, 2024

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, Amit Bansal

                                    $~25
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    +           FAO(OS) (COMM) 102/2024

                                                SPICEJET LIMITED                                                                .....Appellant
                                                               Through:                                        Mr Amit Sibal, Senior Advocate with
                                                                                                               Mr K.R. Sasiprabhu, Mr Kartikeya
                                                                                                               Asthana and Mr Naman Shishodia,
                                                                                                               Advocates.
                                                                                      versus

                                                TWC AVIATION CAPITAL LIMITED             .....Respondent
                                                             Through: Mr Ankur Mahindro, Mr Ravi Nath,
                                                                        Mr Rohan Taneja, Mr Aditya Kapur,
                                                                        Ms Vaishali, Ms Shubhangi Jain, Mr
                                                                        Ankesh Tripathi, Ms Yashika Arora,
                                                                        Mr Abhijeet Mittal and Mr Siddhant
                                                                        Vyas, Advocates.
                                                CORAM:
                                                HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                                HON'BLE MR. JUSTICE AMIT BANSAL
                                                             ORDER

% 09.07.2024 [Physical Hearing/Hybrid Hearing (as per request)]

1. Mr Amit Sibal, learned senior counsel, who appears on behalf of the appellant, on instructions, submits that there has been a substantial compliance with the order dated 02.07.2024, i.e., two engines along with one aircraft frame have been positioned in Delhi for being handed over to the respondent. Therefore, according to Mr Sibal, what remains to be done is to hand over one engine and one aircraft frame. 1.1 Mr Sibal goes on to state that the remaining engine is being transported to Chennai for being handed over to the respondent.

2. Clearly, there has not been complete compliance of the order dated 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 10/07/2024 at 00:43:21 02.07.2024.

3. Issue notice to the appellant as to why contempt proceedings ought not to be taken up against the directors of the appellant company.

4. Mr K.R. Sasiprabhu, learned counsel, who appears on behalf of the appellant along with Mr Amit Sibal, will furnish the names of the directors of the appellant company to the Registry by tomorrow. 4.1 The Registry will register a contempt petition against the directors of the appellant once the names are furnished.

4.2 A copy of the order passed today will also be placed in the contempt petition.

5. List the appeal on 19.07.2024, along with the contempt petition.

RAJIV SHAKDHER, J AMIT BANSAL, J JULY 9, 2024/at Click here to check corrigendum, if any 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 10/07/2024 at 00:43:21