(2024) ibclaw.in 490 HC
IN THE HIGH COURT OF DELHI
SMBC Aviation Capital Ltd. and Ors.
v.
Union of India and Ors.
W.P.(C) 7369/2023 & CM APPL. 30395/2024
Decided on 31-May-24
Coram: Ms. Justice Tara Vitasta Ganju
Add. Info:
Corporate Debtor: Go Airlines (India) Ltd.
For Appellant(s): Ms. Marylou Bilawala, Mr. Pranaya Goyal, Mr. Dhruv Khanna, Ms. Sharleen Lobo, Mr. Chiranjivi Sharma, Ms. Priya Desai, Mr. Vasu Gupta, Mr. Apoorva Kaushik, Ms. Saakshi Malpekar, Mr. Uday Mathur, and Ms. Nehal Gupta, Advocates. Mr. Nitin Sarin, Adv. with Mr. Mukul Katyal and Ms. Priyam Jinger, Advs. in W.P.(C) 7774/2023. Mr. Ajay Kumar, Adv. with Mr. Soumil G., Mr. Hetaram Bishwri and Ms. Anchal Nanda, Advs. in W.P.(C) 9432/2023. Mr. Ravi Nath, Adv. with Mr. Ankur Mahindro, Mr. Aditya Kapoor, Mr. Rohan Taneja, Mr. Ankesh Tripathi, Ms. Yashika Arora, Ms. Abhijeet Mittal and Mr. Siddhant Vyas, Advs. in W.P.(C). 6569/2023. Mr. Vaijayant Paliwal, Adv. with Mr. Ambarish D. Advs in W.P.(C) 10327/2023, W.P.(C) 7214/2023, W.P.(C) 10386/2023 and W.P.(C) 9594/2023. Mr. Nimish Vakil, Adv, Mr. Pai Amit, Ms. Bhavana Duhoon, and Mr. Karan Vakil, Advs in W.P.(C) 7663/2023.
For Respondent(s): Mr. Nikhil Parikshith, Adv. with Mr. Jai Gogra, Adv. for R-1. Ms. Ragini Sharma and Mr. Raghav Mittal, Advs. for 4 and 8. Mr. Neeraj Kishan Kaul, Sr. Adv. with Mr. Diwakar Maheshwari, Ms. Pratiksha Mishra, Mr. Vishnu Sriram, Mr. Shreyas Edupuganti, Ms. Pratiksha Agarwal, Ms. Karunya Lakshmi, Mr. Deepak Joshi and Mr. Raghav Agarwal, Advs. for RP. Mr. Ankit Aggarwal, Adv. for R-10.
Order:
O R D E R
31.05.2024
CM APPL. 30395/2024 [Application seeking extension of time]
1. Pursuant to order dated 27.05.2024, the authorised representative of the Respondent No. 10 has filed an Affidavit on 29.05.2024. The relevant paragraphs of the said Affidavit are reproduced below:
“3. That Stockholding Document Management Service Limited has complied with the direction of this Hon’ble Court vide order dated 26.04.2024 in W.P. no. 7369 of 2023 and have handed over all the records/documents/files pertaining to Aircraft in its possession to Go Air on and before 24.05.2024 which were about 5,800 records/documents/files and the receipt for the same is attached herewith as Annexure I.
4. I confirm that SDMSL does not hold any records/ documents/ files which were directed to be handed over vide order dated 26.04.2024 passed in the present disposed writ petition.”
2. Learned Counsel enters appearance on behalf of the Petitioner in W.P.(C) 9432/2023. The Petitioners in W.P.(C) 6569/2023, W.P.(C) 10327/2023, W.P.(C) 6626/2023, W.P.(C) 7214/2023, W.P.(C) 7369/2023, W.P.(C) 7663/2023, W.P.(C) 7773/2023, W.P.(C) 7774/2023, W.P.(C) 10386/2023, W.P.(C) 8088/2023, W.P.(C) 9594/2023, W.P.(C) 9900/2023 and W.P.(C) 9901/2023 submit that they have no objection if directions are passed for extension of time to comply with the directions in paragraph 44.7 of Judgment dated 26.04.2024.
3. Accordingly, the Respondent/RP is granted time for compliance of prayer (a), as modified in terms of order dated 27.05.2024, till 10.06.2024. So far as concerns prayer (b), as modified by order dated 27.05.2024, the Respondent/RP is granted time till 01.07.2024.
4. It is, however, clarified that no further extension of time shall be granted to the Respondent/RP.
5. The Application is accordingly disposed of in terms of the aforegoing directions.
6. Parties will act based on the digitally signed copy of the order.
TARA VITASTA GANJU, J
MAY 31, 2024
Original judgment copy is available here.
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