NEPC INDIA LTD Vs. CAPT KERSY RATONSHA DRIVER

JUDGEMENT

(1.) This is a suit for recovery of Rs 50 lakhs as damages alleged to have been suffered by the plaintiff on account of illegally grounding of its aircraft, pursuant to an order passed by Bombay High Court. The plaintiff-company, which was earlier known as M/s NEPC Micon Limited, claims to be the owner of Beach Craft King Air C-90-A Aircraft having purchased it in the year 1995. Vide its interim order dated 25th August, 2008, passed in Notice of Motion No. 220 of 2007 in Writ Petition No. 2763 of 2003 filed by the defendant, seeking attachment, impounding and sale of the above-referred aircraft, an order came to be passed for attachment of the above-referred aircraft. The case of the plaintiff is that the defendant had falsely alleged before Bombay High Court that the aforesaid aircraft belongs to Skyline NEPC Limited, whereas, in fact, it belonged to the plaintiff-company. The aircraft came to be attached at Delhi on 03rd October, 2008. The case of the plaintiff is that it suffered huge losses and undue hardship on account of attachment of the aforesaid aircraft and, therefore, is entitled to damages amounting to Rs 50 lakhs from the defendant.

(2.) The defendant has contested the suit and has taken preliminary objections including that this Court has no territorial jurisdiction to try the present suit.

(3.) The following issues were framed on the pleadings of the parties:-