Delhi High Court Directs SpiceJet To Disclose Assets In Sunbird France Plea To Enforce ₹84 Crore Foreign Decree

The Delhi High Court on Tuesday directed SpiceJet Ltd to file an affidavit disclosing its assets within three weeks in proceedings initiated by France-based aircraft lessor Sunbird France 02 SAS.

Sunbird is seeking enforcement of a foreign decree of around ₹84 crore passed by the England & Wales Commercial Court against the airline.

Justice Vikas Mahajan recorded the consent of the parties. He directed that, without prejudice to their rights and contentions, SpiceJet shall file the affidavit in a sealed cover within three weeks. The Court also granted liberty to Sunbird to approach the Vacation Bench in case of urgency.

“The learned counsel for the parties are ad idem that without prejudice to the rights and contentions, the respondent will file the affidavit disclosing list of assets within a period of three weeks in sealed cover, with liberty to the petitioner to approach the Vacation Bench in the event of urgency. Ordered accordingly.”, the Court noted.

Advocate Anandh Venkataramani, appearing for Sunbird, argued that the foreign decree satisfied the requirements for enforcement under the Civil Procedure Code. He relied on a certificate issued by the English court stating that the judgment was duly sealed, enforceable, and had not been appealed.

Sunbird argued that SpiceJet had been properly served through its contractual process agent. It said the airline failed to contest the proceedings before the UK court. Seeking urgent interim protection, Sunbird submitted that the decree amount was nearly ₹84 crore. It also pointed to pending insolvency proceedings against the airline before the National Company Law Tribunal.

Senior Advocate Amit Sibal, appearing for SpiceJet, opposed the plea for interim relief. He argued that objections on maintainability and enforceability were yet to be decided. He also said no urgency existed for interim directions.

SpiceJet further submitted that it is a listed company. The airline also submitted that it was a listed company and was in the process of raising funds from the Central Government as per the recent bailout package.

The court has listed the matter next on July 29.

Background

The dispute concerns three aircraft engine lease agreements entered into in 2019. Two of the leases were originally between SpiceJet and Team France 01. These were later novated to Sunbird France 02 SAS in November 2020. The third lease was directly between Sunbird and SpiceJet.

Sunbird alleged that SpiceJet failed to pay rent from early 2022. It also claimed that the airline defaulted on maintenance accrual obligations from 2020 onwards. After issuing default notices in July 2022, Sunbird repossessed two engines in December 2022. It repossessed the third in July 2023.

Sunbird later initiated proceedings before the England & Wales Commercial Court. On March 13, 2026, that court granted summary judgment in Sunbird's favour for USD 7.96 million towards unpaid rent and maintenance accrual claims, with interest to be recalculated. The court held that SpiceJet had been properly served. It said the airline chose not to contest the proceedings.