(1.) THIS notice of motion is taken out by the plaintiff Eagle Copters Ltd. praying that pending the hearing and final disposal of the suit, the defendants be ordered and directed to allow the plaintiff and/or its representatives/surveyor (s) to inspect the helicopter which is leased out by the plaintiff to the defendant No. 1 under the lease agreement between them and which has been in turn sublet by defendant No. 1, Azal-Azerbaijan Aviation Ltd. to defendant No. 2 Azal India Pvt. Ltd. It is also prayed that defendants be ordered to handover possession of the said helicopter to the plaintiff along with manuals and technical records and grant all necessary co-operation and assistance as may be necessary for ferrying the helicopter back to Singapore. It is also prayed that during the pendency of the suit, the defendants be injuncted from in any manner dealing with, disposing of, alienating, encumbering, parting with possession and/or plying the helicopter except with written consent or instructions of the plaintiff.
(2.) THE suit is filed by the plaintiffs against both the defendants praying inter alia the same reliefs namely redelivery and repossession of the said helicopter which was leased by the plaintiff to the defendant No. 1 under the lease agreement between them dated 2-3-1999 for a period of five years (unless terminated earlier) in consideration for a payment of monthly rent of U. S. $ 39, 407- and which was sublet by defendant No. 1 (which was a permitted sublease to defendant No. 2 by defendant No. 1 ). It is prayed that the said helicopter be ferried back to Singapore and it is also prayed that during the pendency of the suit, the defendants be restrained to part with possession of, alienate the said helicopter without the written permission of the plaintiff or their agents.
(3.) FEW facts which are required to be stated are as follows : the plaintiffs, Eagle Copter Limited are the registered owner of a model 412 Bell helicopter bearing Serial No. 33126 bearing registration mark N-412 PK VT/azf under category A. By a written agreement between the plaintiff and the 1st defendant namely Azal Azerbaijan Aviation Limited dated 2-3-1999, the plaintiff agreed to lease the said helicopter to the 1st defendant for a period of five years (unless terminated by agreement) in consideration for payment of monthly rent U. S. $ 39, 407. Exh. B annexed to the plaint is a copy of the said lease agreement between the plaintiff and defendant No. 1.