'Orders ought to be followed, especially in commercial matters': SC dismisses SpiceJet application seeking extension of time to pay arbitral award

New Delhi, July 7 The Supreme Court on Friday dismissed an application filed by SpiceJet seeking extension of time to pay Rs 75 crore to Kal Airways and Kalanithi Maran.

A bench of CJI D.Y. Chandrachud and Justice P.S. Narasimha said that SpiceJet's application is nothing but a delay tactic to not pay the money despite orders of the court and its orders ought to be followed, especially in commercial matters.

On February 13, the apex court had directed SpiceJet to pay Rs 75 crore to the decree holders i.e., Kal Airways and Kalanithi Maran within a period of 3 months towards its interest liability under the arbitral award.

In its order, the court had also made it clear that in the event SpiceJet fails to pay, the entire award would become executable in entirety in favour of Kal Airways and Kalanithi Maran.

Senior advocate Mukul Rohatgi, appearing for SpiceJet, sought extension of time for two more months as the three months deadline had expired on May 13. He requested the court to list the matter after 3-4 days to find a way out.

On the other hand, senioraAdvocate Maninder Singh, instructed by advocates from Karanjawala & C., alleged that SpiceJet is not honoring the orders passed by any of the courts, including of the Supreme Court.

He argued that SpiceJet did not comply with the order passed by the Delhi High Court in 2020 requiring it to file an affidavit disclosing its assets.

On May 29 this year, the Delhi High Court in execution proceedings had directed SpiceJet and its chief Ajay Singh to pay the entire executable amount under the award to Kal Airways and Kalanithi Maran.

On Friday, the apex court did not agree to extend the time and said that a clear message needs to be sent across that its orders ought to be followed, especially in commercial matters.

The court dismissed the application filed by SpiceJet and directed the award to be executed fully.

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