Delhi High Court - Orders
Engine Lease Finance B V vs Spicejet Limited on 19 January, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 687/2023
ENGINE LEASE FINANCE B V ..... Plaintiff
Through: Mr. Rajshekhar Rao, Senior Advocate
with Mr. Anandh Venkataramani, Mr.
Saket Satapathy, Mr. Anubhav Dutta,
Mr. Priyal Shah, Mr. Ojusvi Chauhan,
Ms. Vishakha Gupta, Mr. J. Shivam
Kumar and Mr. Pritha Banerjee,
Advocates.
versus
SPICEJET LIMITED ..... Defendant
Through: Mr. Sandeep Sethi, Senior Advocate
with Mr. K. R. Saiprabhu, Mr.
Kartikeya Asthana, Mr. Tushar
Bhardwaj, Mr. Sumer Dev Seth, Ms.
Rhea Kumar and Ms. Mohini Singh,
Advocates.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 19.01.2024 I.A. No. 1135/2024 Mr. Anandh Venkataramani, learned counsel appearing for the applicant/plaintiff submits that the re-delivery inspection of the aircraft engine in question is underway, as we speak. Though Mr. Venkataramani contends that order dated 21.12.2023 was not complied with in its entirety, he does not press this application.
2. The application is accordingly disposed-of, as not pressed.
I.A. No. 1452/20243. By way of the present application filed under section 151 of the Code of Civil Procedure 1908, the applicant/plaintiff seeks directions to the CS(COMM) 687/2023 Page 1 of 2 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 25/01/2024 at 01:32:33 defendant to preserve the aircraft engine and to permit the plaintiff's representative to remain present for overseeing the custody of the engine, until such time as it is re-delivered by the defendant to the plaintiff at Brussels, as per their agreement. The plaintiff also seeks certain other directions.
4. After a brief hearing however, Mr. Venkataramani and Mr. Sandeep Sethi, learned senior counsel appearing for the defendant agree, that as suggested by the court, the present application be kept pending until the plaintiff carries-out the final inspection preceding the re- delivery of the engine, and is in a position to verify whether the engine is in the re-delivery condition, as agreed to by the parties.
5. Accordingly, re-notify on 24th January 2024.
6. Let the matter be reflected in the 'supplementary list' for the day. CS(COMM) 687/2023
7. Re-notify on 24th January 2024.
8. The date of 29.01.2024 given earlier in I.A. No. 25272/2023, stands cancelled.
9. The date of 08.02.2024 given in the suit earlier, also stands cancelled.
ANUP JAIRAM BHAMBHANI, J JANUARY 19, 2024/uj CS(COMM) 687/2023 Page 2 of 2 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 25/01/2024 at 01:32:33