New Delhi: The Delhi High Court has directed
Kingfisher Airlines to return all components leased out to it
by Lufthansa Technik India following a petition by the latter
that the carrier was using them even after it breached an
obligation to make timely payments.
A single member bench of justice SN Dhingra directed
Kingfisher Airlines to make an inventory of all components
leased out to it by Lufthansa Technik while receiving
technical support for its fleet.
"An inventory of the home based components (those used in
maintenance, overhaul and repair) leased out by Lufthansa
Technik to Kingfisher Airlines under the agreement in question
be prepared," Justice Dhingra said while passing an interim
order.
In its petition Lufthansa Technik said Kingfisher
terminated the agreement on August 18.
Lufthansa Technik India also alleged that Kingfisher
Airlines "breached its obligation to make timely payment to it
as per terms and agreement".
According to the company, Kingfisher has not paid dues of
Rs 17.7 crore for the months of July, August and September
this year despite enjoying technical support.
"Kingfisher Airlines after preparation of the inventory
shall hand over all those components, which are under the
lease and are intended to hand over by it," the court added
while appointing a retired judge to make inventory.
The court also issued notice to Kingfisher Airlines and
directed it to file a reply over the allegations made by
Lufthansa Technik, while ordering the carrier to bring all
components to Bangalore and Mumbai.
The court has directed to list the matter on October 29
for next hearing.
Lufthansa Technik is the world’s leading provider for
maintenance, repair and overhaul (MRO) of airplanes,
components and engines. It had entered into an agreement with
Kingfisher Airlines in March 2005 for undertaking MRO
activities for ten years.
Bureau Report
First Published: Monday, September 28, 2009, 14:28