Rejecting the pilots' plea, the court stated that the cause of action, including the act of resignation, fell within its jurisdiction
Justice SM Modak said that the actions rose within its jurisdiction as resignations were accepted by the company in Mumbai
The comment comes at a time when India's youngest carrier Akasa Air has taken legal action against its 43 former Boeing 737 pilots who resigned without serving the notice period of six months
Delhi High Court is scheduled to pass an order on September 27, 2023, on a plea moved by Akasa Air against pilots who have resigned without serving the mandatory notice period
With Indian aviation staring at a potential scramble for pilots, airlines such as Akasa can feel deflated
The fundraising plan could involve fresh equity issuances of $75-100 million each and is set to be carried out over the next 12-18 months
The order, which will now be pronounced on 27 September, will decide if the troubled airline can proceed with the case before the Bombay High Court
The bench of Justice Manmeet Pritam Arora recently kept the order reserved and asked the concerned parties to file their written synopsis
Akasa Air is in a “state of crisis” owing to the abrupt resignations of 43 pilots and flight cancellation. Watch the video to know more >
Akasa had told the court that they have cancelled 24 flights per day and they operate 120 flights per day
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The DGCA "does not have any power or delegated authority to interfere in any employment contract," it said
The airline has faced heat following the abrupt exit of its 43 pilots who did not serve their mandatory notice periods
Promoted by family of the late investor Rakesh Jhunjhunwala, Akasa is planning to add more aircraft to its fleet and take it to 28 by March 2024 and add 10-12 planes every year for the next few years
Akasa is suing some of the pilots for alleged contractual violations, and has warned in court that it might have to shut down if the exits continue
He argued that the move to choose Bombay HC over Delhi HC is to 'reap the maximum payable amount'
The airline's pilots said they were not worried about the airline shutting shop anytime soon
Akasa's lawyers had said in the Delhi HC on Tuesday that the airline was in a "state of crises" and might "shut down" due to the abrupt resignation of 43 pilots to join rival airlines
The pilots contend that since their employment contracts were signed in Delhi, the case should fall under the jurisdiction of the Delhi High Court
Little over a year after commencing operations, Akasa Air has received approval from the civil aviation ministry for starting international flights and is looking to fly to destinations in South Asia, Southeast Asia and the Middle East. The airline, which is currently grappling with pilot shortage issues, has a fleet of 20 aircraft and plans to start flying to overseas destinations by year-end. Akasa Air Founder and CEO Vinay Dube on Wednesday said the ministry has designated the airline as an international scheduled operator. "This new designation will allow us to fly internationally, enabling us to take one step closer to our dream of launching international operations before the end of this year. "We are now working with all relevant authorities on our request for traffic rights and will soon be able to announce the international destination we will fly to," he said in a statement. Dube said the airline is targeting destinations within the range of a Boeing 737 MAX from India i