DORNIER LUFTFAHRT GMBH Vs. K C V AIRWAYS

JUDGEMENT

(1.) By this order, I would be disposing of an application No. 1199/96 moved by the plaintiff seeking inter alia ex parte interim mandatory direction for return of the Dornier 228-202 Aircraft leased to the defendant in terms of the lease agreement dated 23-7-1994.

(2.) The above application has been filed in a suit for possession, permanent and mandatory injunction under the Specific Relief Act. The above suit was instituted by the plaintiff on 3-2- 1996. The suit had come up before the Court on 5- 2-1996, when plaintiff was directed to produce proof of service of the notice of termination of the agreement and place on record documents and the correspondence, relied on in suit. On 7-2- 1996, on the apprehension of the plaintiff that the defendant would cannibalize the Aircraft and remove and/or replace valuable parts, the Court restrained the carrying out of annual maintenance by the defendant on 7-2-1996. After hearing both the parties, vide order dated 8-2-1996 and on defendant's "No objection", a nominee of Director General of Civil Aviation was appointed as Receiver for taking possession of the Aircraft. The pleadings were thereafter completed and arguments on the application commenced on 22-4-1996.

(3.) Counsel for both the parties were heard and the matter was adjourned from time to time to enable the counsels to complete their submissions. During the course of arguments on 22-5-1996, plaintiff placed on record a copy of the power of attorney authorizing the institution of the suit by Sh. Ashok Marwaha and his affidavit in support thereof was also filed. Thereafter, the plaintiff on 24-5-1996, moved an amendment application to add an averment to the effect that Sh. Ashok Marwaha was authorized to sign, verify and institute the plaint. The orders were reserved on 24-5-1996 in I.A.I 199 of 1996.