A recent ruling of the Delhi High Court involved TWC Aviation Capital Limited, a foreign aircraft lessor who had leased two aircrafts and three engines to SpiceJet Limited.
The foreign aircraft lessor had obtained an interim Order from an English Court directing SpiceJet to return the aircrafts and the engines which were located in India to the foreign aircraft lessor. Due to SpiceJet's unwillingness to comply, the foreign aircraft lessor approached the Delhi High Court by filing a Commercial Suit seeking execution of the aforementioned English order in the form of injunctory reliefs.
The Delhi High Court thus resolved that an order from a court in a reciprocating territory, where the reliefs are of an injunctive nature, can be executed by filing an ordinary Civil Suit rather than a Execution governed under Section 44A of the Code of Civil Procedure, 1908. This is on account of the restriction imposed under Explanation 2 of Section 44A, which states that only money decrees can be enforced under Section 44A of the Code of Civil Procedure, 1908.
Taking into account the foregoing, the Delhi High Court, at an interim stage, directed SpiceJet to return the aircraft along with the engines, and relevant records related to the technical condition and usage of the aircraft to the foreign aircraft lessor.
Advocates for the Plaintiff: Mr. Ashish Dholakia, Sr. Adv. with Mr. Ankur Mahindro, Mr. Rohan Taneja, Mr. Aditya Kapur, Mr. Ankush Satija, Mr. Mohit Dagar
