Delhi High Court - Orders
Engine Lease Finance B V vs Spicejet Limited on 11 March, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 687/2023
ENGINE LEASE FINANCE B V ..... Plaintiff
Through: Mr. Rajshekhar Rao, Sr. Advocate via
video-conferencing with Mr. Anandh
Venkataramani, Mr. Saket Satapathy,
Mr. Anubhav Dutta, Ms. Akshita
Totla, Ms. Ishita Thakur, Mr. J.
Shivam Kumar and Ms. Pritha
Banerjee, Advocates.
versus
SPICEJET LIMITED ..... Defendant
Through: Mr. Sandeep Sethi, Sr. Advocate with
Mr. K.R. Sasiprabhu and Mr.
Kartikeya Asthana, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 11.03.2024 I.A. 1452/2024 Pursuant to what was recorded in last order dated 22.02.2024, the Chairman & Managing Director of the defendant has filed an affidavit dated 28.02.2024, committing that the aircraft engine would be re-delivered to the plaintiff at the re-delivery location being Brussels, Belgium by 10.03.2024.
2. Mr. Rajshekhar Rao, learned senior counsel and Mr. Anandh Venkataramani, learned counsel appearing for the plaintiff confirm that, in fact, the aircraft engine has been delivered to the plaintiff at Brussels on 05.03.2024.
3. Mr. Sandeep Sethi, learned senior counsel appearing for the defendant submits that, in the circumstances, nothing further survives in the suit, which may accordingly be disposed-of.
CS(COMM) 687/2023 Page 1 of 2This 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 13/03/2024 at 21:11:21
4. Mr. Rao however draws attention of this court to the averments contained in para 56 of the plaint, to submit that the defendant is liable to compensate the plaintiff for carrying-out any work required to put the engine in 're-delivery condition' as defined and provided in the Lease Agreement. This, learned senior counsel contends, has not happened as is evident from the run of events reflected in the orders made in the present matter.
5. Mr. Rao also submits that their application under Order II Rule 2 CPC, bearing I.A. No. 19114/2023, is also pending consideration of the court. The record shows that notice on this application was issued on 27.09.2023. In the circumstances, Mr. Sasiprabhu, learned counsel for the defendant, seeks time to file reply to the said application.
6. Let reply to I.A No. 19114/2023 be filed within 06 weeks; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.
7. Re-notify on 28th May 2024.
CS(COMM) 687/2023
8. For the record, it is observed that though summons in the suit were issued on 27.09.2023, no written statement has been filed by the defendant so far.
9. Re-notify on 28th May 2024.
ANUP JAIRAM BHAMBHANI, J MARCH 11, 2024 V.Rawat 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 13/03/2024 at 21:11:21