SpiceJet chief Ajay Singh asked to be present during hearing at Delhi HC

The Delhi High Court on Monday told low-cost carrier SpiceJet’s chairman and managing director Ajay Singh to be present in court during the next hearing on September 5.

The court also issued notice to SpiceJet and Singh to file an affidavit disclosing their assets before the next hearing.

This was on an application by Kal Airways and Kalanithi Maran for urgent hearing of its enforcement petition.

Senior advocate Maninder Singh, appearing for Kal Airways and Maran, started his arguments in view of the February 13 order of the Supreme Court directing SpiceJet to pay Rs 75 crore to Kal Airways and Maran within three months towards interest liability under the arbitral award. 

The apex court also said if SpiceJet failed to pay, then the entire award (Rs 380 crore) would become executable in entirety in favour of Kal Airways and Kalanithi Maran. 
 

Singh told the high court on Monday that SpiceJet is not honouring the orders passed by any of the courts. 

Senior advocate Sandeep Sethi, appearing for SpiceJet, submitted that there is no reason for allowing early hearing at this stage and the matter can be taken up on September 5. 

The high court, on May 29, ordered SpiceJet to pay Rs 380 crore to its former promoter Maran and asked the airline to submit an affidavit of assets within four weeks.

Justice Yogesh Khanna of Delhi High Court had issued the order on the execution petition filed by Kal Airways.

The order rejected the claims of SpiceJet and directed it to pay the entire arbitral award to Kal.

Kal Airways had argued that SpiceJet had failed to comply with the high court order of November 4, 2020, by not filing the affidavit of assets. Additionally, SpiceJet was directed to pay Rs 242 crore within three weeks from September 2, 2020.

SpiceJet sought to modify the order, but its application was rejected.

Then, it challenged these orders before the Supreme Court. The SC directed it on February 13, 2023, to encash the bank guarantee and pay the specified amount directly to Kal Airways.

SpiceJet was also required to pay an additional Rs 75 crore to Kal Airways within three months, as liability for interest.