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2024 Supreme(Online)(DEL) 11195
HIGH COURT OF DELHI
Prathiba M. Singh, J
TWC AVIATION CAPITAL LIMITED – Appellant
Versus
SPICEJET LIMITED – Respondent
CS(COMM)-285/2024
Orders from a UK Court are enforceable in India under Section 44A of the CPC, as the UK is a reciprocating territory, and compliance with such orders is mandatory.
Headnote:(A) Commercial Courts Act, 2015 - Sections 12A and provisions regarding exemption and filing of documents - Plaintiff sought exemption from filing original documents and permission to file additional documents - Court allowed exemption and emphasized compliance with procedural rules - The Plaintiff's claim involves aircraft lease agreements and enforcement of UK Court orders under Section 13 and Section 44A of CPC - The Defendant failed to comply with UK Court orders regarding the delivery of aircraft and engines, leading to enforcement proceedings in India. (Paras 2, 4, 6, 15, 19, 21, 25)
(B) Enforcement of Foreign Judgments - The court held that orders from the UK Court are enforceable in India under Section 44A of CPC, as the UK is a reciprocating territory - The court emphasized the need for compliance with the orders and the principles of comity of courts. (Paras 24, 28, 29)
Facts of the case:
The Plaintiff, TWC Aviation Capital, claims ownership of two aircraft and three engines leased to the Defendant, who failed to pay rent and breached agreements. The Plaintiff sought enforcement of UK Court orders for the return of the aircraft and engines. (Paras 15, 19)
Findings of Court:
The court found the UK Court orders enforceable in India and directed the Defendant to comply with the delivery of the aircraft and engines, emphasizing the need for compliance with procedural rules. (Paras 25, 29)
Issues: The main issues included the enforceability of UK Court orders in India and the Defendant's compliance with those orders. (Paras 21, 28)
Ratio Decidendi: The court ruled that the orders from the UK Court are enforceable under Section 44A of CPC, affirming that the Defendant had the opportunity to defend itself in the UK Courts and that the orders are binding. (Paras 24, 28)
Result: The suit is maintainable and enforceable in India.
1. This hearing has been done through hybrid mode.
I.A. 7592/2024 (for exemption)
2. This is an application filed by the Plaintiff seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, proper margins, electronic documents, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, ‘Commercial Courts Act’) and the DHC (Original Side) Rules, 2018.
3. Exemption is allowed, subject to all just exceptions. Accordingly, the application is disposed of.
I.A. 7593/2024 (for additional documents)
4. This is an application seeking leave to file additional documents under the Commercial Courts Act. The Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.
5. Application is disposed of.
I.A. 7591/2024 (u/S 12A of the Commercial Courts Act)
6. This is an application filed by the Plaintiff seeking exemption instituting pre-litigation mediation under Section 12A of the Commercial Courts Act. Considering the facts and circumstances of the case, the Court is satisfied that in terms of the judgment of the Hon’ble Supreme Court in Yamini Manohar v. T.K.D Keerthi, (2023 LiveLaw (SC) 906), that the present suit contemplates urgent interim relief. Thus, the exemption is granted to the Plaintiffs.
7. Accordingly, the application is disposed of. CS(COMM) 285/2024
8. Let the plaint be registered as a suit.
9. Issue summons to the Defendant through all modes upon the filing of Process Fee.
10. The summons to the Defendant shall indicate that the written statement to the plaint shall be positively filed within 30 days from the date of receipt of the summons. Along with the written statement, the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.
11. Liberty is given to the Plaintiff to file the replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendant, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
12. List before the Joint Registrar for marking of exhibits on 5th July,
2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
13. List before Court on 8th May, 2024.
I.A.7590/2024 (u/O XXXIX Rules 1 & 2 CPC)
14. Issue notice in the application. Notice is accepted by Mr. K R Sasiprabhu, Advocate.
15. This is a suit for declaration, mandatory and permanent injunction etc.
The case of the Plaintiff- TWC Aviation Capital is that it is the owner of two Boeing 737-800 Aircrafts with manufacturer’s serial numbers 34399 [VT- SXB] and 34400 [VT-SXC] (hereinafter, ‘Aircrafts’) as also three Aircraft Engines bearing Engine Serial No. (ESN) 895134, 894147 and 894206 (hereinafter, ‘Engines’) and another engine bearing ESN 894207.
16. According to the Plaintiff, vide Aircraft Lease Agreement dated 27th May, 2019, the said aircrafts with the engines were leased out for a term of 12 months with a basic rent of USD 180,000 per month. The Plaintiff’s case is that the Defendant did not make the payment of the lease rentals and various amendment agreements were entered into to accommodate payment difficulties due to the COVID-19 pandemic. However, these amendment agreements were also breached by the Defendant.
17. The Plaintiff, issued notice dated 5th March, 2024 calling upon the Defendant to give certain und
