TWC Aviation Capital Limited v SpiceJet Limited

TWC Aviation Capital Limited v SpiceJet Limited

The balance of convenience and contractual rights favour TWC; SpiceJet's continued use and cannibalisation of engines and aircraft is unlawful post-termination. Undertakings offered by SpiceJet are inadequate and unenforceable. The interim injunction must be continued and delivery up ordered.

Parties
Claimant: TWC Aviation Capital Limited; Defendant: SpiceJet Limited
Jurisdiction
England and Wales
Judgment Date
27 March 2024
Procedural Posture
Commercial Lease Dispute / Return Date for Interim Injunction
Outcome
Interim injunction continued; delivery up of engines and aircraft ordered; export from India prohibited for eight weeks.
Legal Topics
Aircraft Leasing, Interim Injunctions, Default and Termination, Redelivery of Leased Property
Commercial Law Contract Law Aircraft Leasing Interim Injunctions Default and Termination Redelivery of Leased Property

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Parties

TWC Aviation Capital Limited

Claimant

SpiceJet Limited

Defendant

Procedural Posture

Commercial Lease Dispute / Return Date for Interim Injunction

Legal Issues

  1. 1 Whether SpiceJet's continued use and cannibalisation of leased engines and aircraft is lawful after default and termination
  2. 2 Whether the balance of convenience justifies continuation of the interim injunction and delivery up order

Ratio Decidendi

The balance of convenience and contractual rights favour TWC; SpiceJet's continued use and cannibalisation of engines and aircraft is unlawful post-termination. Undertakings offered by SpiceJet are inadequate and unenforceable. The interim injunction must be continued and delivery up ordered.

Court Disposition

Interim injunction continued; delivery up of engines and aircraft ordered; export from India prohibited for eight weeks.

Orders

  • SpiceJet to deliver up leased engines and aircraft to TWC.
  • Engines and aircraft not to be exported from India for eight weeks from the date of order.