Delhi High Court - Orders
Team France 01 S A S vs Spicejet Limited on 31 July, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 908/2023
TEAM FRANCE 01 S A S .....Plaintiff
Through: Mr. Anandh Venkataramani, Mr.
Saket Satapathy, Mr. Anubhav Dutta,
Ms. Mansi Tyagi, Ms. Akshita Totla,
Ms. Vishakha Gupta and Mr.
Devvrat, Advocates
versus
SPICEJET LIMITED .....Defendant
Through: Mr. Sandeep Sethi, Senior Advocate
with Mr. KR Sasiprabhu, Mr.
Kartikeya Asthana, Advocates
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 31.07.2024 I.A. 35024/2024 (under Section 151 CPC, 1908 seeking urgent orders and listing along with supporting affidavit)
1. This is an application filed by the plaintiff for bringing on record the fact that the defendant has failed to comply with the statement made before this Court on 29.05.2024 and 15.07.2024.
2. Plaintiff in this application seeks ad-interim ex-parte injunction restraining the defendant from operating engines having ESN 602805 and ESN 602776 forthwith.
3. Learned counsel for the applicant/plaintiff states that the Director of the defendant having made assurances to this Court must state on oath the reasons for the non-compliance of the same.
4. Issue notice. Learned senior counsel for the defendant fairly states CS(COMM) 908/2023 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 06/08/2024 at 00:00:23 that the facts set out in the application are true and correct. 4.1 He states that there has been a default of the statements made before this Court and the contents of paragraph 22 and 23 are fairly accurate. 4.2 He states that the defendant is currently raising funds and is hopeful that payments shall be made over to the plaintiff before the next date of hearing on 08.08.2024 failing which the defendant will file a reply of its responsible officer to this application on or before 07.08.2024.
5. This Court has considered the submissions of the parties and in view of the admitted acts of liability and default, the Chief Financial Officer of the defendant is directed to file his affidavit in support of the reply to this application and remain present on the next date of hearing in case the payments are not regularised as per the schedule.
6. List on 08.08.2024, the date already fixed.
MANMEET PRITAM SINGH ARORA, J JULY 31, 2024/msh/sk/msh CS(COMM) 908/2023 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 06/08/2024 at 00:00:23