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2002 Supreme(Bom) 221

UPASANI PRATIBHA
Eagle Copters Ltd. – Appellant
Versus
Azal-Azerbaijan Aviation Ltd. and another – Respondent


JUDGMENT - Dr. Pratibha Upasani, J.:---This notice of motion is taken out by the plaintiff Eagle Copters Ltd. praying that pending the hearing and final disposal of the suit, the defendants be ordered and directed to allow the plaintiff and/or its representatives/surveyor(s) to inspect the helicopter which is leased out by the plaintiff to the defendant No. 1 under the lease agreement between them and which has been in turn sublet by defendant No. 1, Azal-Azerbaijan Aviation Ltd. to defendant No. 2 Azal India Pvt. Ltd.

It is also prayed that defendants be ordered to handover possession of the said helicopter to the plaintiff along with manuals and technical records and grant all necessary co-operation and assistance as may be necessary for ferrying the helicopter back to Singapore.

It is also prayed that during the pendency of the suit, the defendants be injuncted from in any manner dealing with, disposing of, alienating, encumbering, parting with possession and/or plying the helicopter except with written consent or instructions of the plaintiff.

2. The suit is filed by the plaintiffs against both the defendants praying inter alia the same reliefs namely redelivery and repossessio





























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