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Delhi High Court - Orders

Wilmington Trust Sp Services Dublin ... vs Spicejet Limited on 22 September, 2021

Author: Suresh Kumar Kait

Bench: Suresh Kumar Kait

$~12
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      EX.P. 55/2021
       WILMINGTON TRUST SP SERVICES DUBLIN LIMITED
       & ORS.                              .....Decree Holders
                          Through:      Mr. Sandeep Sethi, Sr. Adv. with
                                        Mr.Arun Sri Kumar, Ms. Mansvini
                                        Jain and Mr. Akshit Mago, Advs.

                          versus

       SPICEJET LIMITED                               .....Judgment Debtor
                      Through:          Mr. Harish Salve, Sr. Adv. with
                                        Mr.Ramji Srinivasan, Sr. Adv. with
                                        Mr. Sanjay Gupta, Mr. Kashish
                                        Arora, Mr. Nikhil Jain and Mr. Kunal
                                        Kumar, Advs.
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
               ORDER

% 22.09.2021 EX.APPL.(OS) 1059/2021 (exemption)

1. Allowed, with direction to file requisite certificate of non-satisfaction of decree under Section 44 A (2) of CPC within six weeks.

2. Application is disposed of.

EX.APPL.(OS) 1060/2021 (exemption)

3. Allowed, with direction to file requisite clear copies, legible copies with appropriate margins and certified copies within six weeks.

4. Application is disposed of.

EX.APPL.(OS) 1061/2021 (exemption)

5. Allowed, with direction to file requisite copies of original documents EX.P. 55/2021 Page 1 of 1 within six weeks.

6. Application is disposed of.

EX.P. 55/2021

EX.APPL.(OS) 1057/2021 (under Ss. 51(e) & 94 (e) r/w Section 151 CPC) EX.APPL.(OS) 1058/2021 (under O. 21 R.41r/w Section 151 CPC)

3. Notice issued.

4. Learned counsel for judgment debtor accepts notice.

5. Renotify on 29.11.2021.

EX.APPL.(OS) 1056/2021 (under O. 39 R. 1 and 2 r/w Ss. 51(e), 94 (c), 94 (e)) and 151 of CPC)

6. The present application has been filed by the decree holders under Order XXXIX Rules 1 and 2 r/w Sections 51(e), 94 (c), 94 (e)) and 151 of CPC seeking injunction to restrain the judgment debtor from transferring/alienating any of its assets to Spicexpress and Logistics Private Limited and seeking pending recovery of the amounts owed to decree- holders under their foreign decree.

7. Notice issued.

8. Learned counsel for judgment debtor accepts notice.

9. Till further orders, judgment debtor is restrained from transferring/alienating its assets to the tune of decreetal amount.

10. Renotify on 29.11.2021.

SURESH KUMAR KAIT, J SEPTEMBER 22, 2021/rk EX.P. 55/2021 Page 2 of 2