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2010 Supreme(Mad) 1021

N.PAUL VASANTHAKUMAR, VASANTHAKUMAR
Paramount Airways Private Limited – Appellant
Versus
The Airports Authority of India, rep. by its General Manager (F&A) & Others – Respondent


Advocates Appeared:
For the Petitioner:R. Krishnaswamy, Senior Counsel For T.K. Bhaskar, Advocate.
For the Respondents: M. Ravindran, Addl. Solicitor General, assisted by K. Ravichandra Babu, SCGSC.

Judgment :-

1. The prayer in the writ petition is to issue a writ of mandamus directing the respondents, their men and agents not to interfere with the petitioners possession of the Aircrafts bearing Nos.MSN 17000126 VT-PAD, MSN 17000137 VT-PAE and MSN 17000147 VT-PAF.

2. The case of the petitioner is that on 27. 2005 the petitioner entered into three Aircraft Specific Lease Agreements with Celestial Aviation Trading 71 Limited, under which the three Aircrafts below mentioned were leased out in favour of the petitioner:

.(a) MSN 17000126 VT-PAD,

.(b) MSN 17000137 VT-PAE and

.(c) MSN 17000147 VT-PAF.

On 9. 2009 and 19. 2009, urgent default notices were issued by the Lessor on the ground that the petitioner had defaulted in paying the agreed rent. On 110. 2009, the Lessor issued a notice of termination and called upon the petitioner to stop using the Aircrafts and hand over possession of the Aircrafts. On 110. 2009, the Lessor Company filed a claim petitioner before the High Court of Justice, Queens Bench, London, and prayed for a declaration that the termination of the lease agreement is valid and for a direction that the petitioner should hand over possession of the Aircrafts.


















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