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1996 Supreme(Del) 529

MANMOHAN SARIN
DOMIER LUFTFAHRT GMBH – Appellant
Versus
K. C. V. AIRWAYS – Respondent


Manmohan Sarin, J.

( 1 ) BY this order, I would be disposing of an application No. 1199/96 moved by the plaintiff seeking inter alia ex parte interim mandatory direction for return of the Dornier 228-202 Aircraft leased to the defendant in terms of the lease agreement dated 23-7-1994.

( 2 ) THE above application has been filed in a suit for possession, permanent and mandatory injunction under the Specific Relief Act. The above suit was instituted by the plaintiff on 3-2- 1996. The suit had come up before the Court on 5- 2-1996, when plaintiff was directed to produce proof of service of the notice of termination of the agreement and place on record documents and the correspondence, relied on in suit. On 7-2- 1996, on the apprehension of the plaintiff that the defendant would cannibalize the Aircraft and remove and/or replace valuable parts, the Court restrained the carrying out of annual maintenance by the defendant on 7-2-1996. After hearing both the parties, vide order dated 8-2-1996 and on defendant s "no objection", a nominee of Director General of Civil Aviation was appointed as Receiver for taking possession of the Aircraft. The pleadings were thereafter completed and argument























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