Delhi HC asks SpiceJet to respond to lessors petition
The Delhi High Court directed low-cost airline SpiceJet to submit its response to a petition seeking enforcement of an order requiring the grounding of three aircraft engines and their handover to the lessors. The court also instructed SpiceJet to file an affidavit detailing its assets and scheduled the next hearing for the execution petition on 13th November. Justice Manmeet Pritam Singh Arora issued a notice to the Directorate General of Civil Aviation (DGCA), directing a senior official to appear before the court on 13th November, along with a status report confirming compliance with the court's 14th August order. The DGCA is expected to provide an update on the re-delivery status of the engines in the report. In its 14th August order, the high court had instructed SpiceJet to ground the three engines by 16th August and deliver them to their lessors within 15 days. The court further directed that the lessors, Team France 01 SAS and Sunbird France 02 SAS, be allowed to inspect the engines through their authorised representatives at Delhi airport within seven days. SpiceJet challenged this order before a division bench of the high court, which upheld the ruling. Subsequently, the Supreme Court also upheld the decision. On Monday, SpiceJet's counsel informed the court that while the airline was prepared to hand over the engines, it needed to procure a technical device known as an engine stand, which would take approximately 30 days. The airline indicated that the lessors were free to procure the stands sooner if possible. Senior advocate Amit Sibal, representing SpiceJet, emphasised that the airline was no longer using the engines. The lessors' counsel, senior advocate Rajshekhar Rao, opposed this submission, pointing out that SpiceJet had been aware since 14th August of the court’s directive to return the engines, and its failure to procure the engine stands in the intervening time could not be justified. The court granted the lessors permission to procure the engine stands at SpiceJet’s risk and cost if done sooner. The court also noted that SpiceJet had not been granted a stay on the 14th August order and that the airline provided no explanation for not securing the engine stands after the division bench's 11th September ruling. Regarding the inspection of the engines, SpiceJet's counsel assured the court that the airline would ensure the inspection is completed by 7th October, provided the lessors submit the names of their representatives that day.
The lessors’ counsel further noted that since the 14th August order had been upheld by both the high court's division bench and the Supreme Court, the airline’s failure to comply within the specified timeframe led to two emails being sent to DGCA officials, which had yet to receive a response. The single-judge bench had passed the 14th August order following pleas from the lessors, seeking the return of the engines after the termination of the lease agreements.
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