SPICEJET LIMITED Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) The Appellant/Spice Jet Ltd. filed instant Miscellaneous Appeal under Order 43 Rule l(r) read with Sec. 104 of the Code of Civil Procedure assailing the order dtd. 23/3/2021 passed by the 28th Additional Judge, Jabalpur in RCS-B 86/2018 whereby the application under Order 39 Rules 1 and 2 read with sec. 151 of CPC has been dismissed.

(2.) The Appellant as plaintiff No.6 alongwith others filed aforesaid civil suit seeking loss for an amount of Rs.29,70,80,503.00 [Rupees Twenty Nine Crores Seventy Lacs Eighty Thousand Five Hundred and Three only] from the Respondent No.1/Airport Authority of India because it suffered loss, as an Spice Jet flight (Airline Company) landed at Jabalpur Airport and was confronted with the herd of wild boars. Therefore, the said Aircraft sustained significant damage owing to collapse of nose landing rear and left main landing scar of the aircraft. The appellant/Spice Jet Limited suffered loss due to short comings in the aerodrome maintenance, which is required to be maintained u/ss. 12 &22 of the Airport Authority of India Act. An investigation was conducted by a Committee, which attributed negligence and lapses on the part of Airport Authority of India. The Appellant being a scheduled airline operator is covered by the credit policy of respondents to maintain security deposit either (i) bank guarantee equal to 2 months " of average billing or (ii) in case of cash deposit, equal to 1.5 months " average billing. Thus, the Appellant furnished bank guarantee of Rs.160.14 crores and deposited cash of Rs.12.54 crores with the respondents.

(3.) The respondents filed written statement on 20/1/2020. However, since the time of filing of the suit the respondents have been raising demands to remit landing charges to them as also penal and exaggerated interest over the same including the disputed period i.e. 2015-16.