Captain Sudipt Sen Vs Director General of Civil Aviation & Ors. — Delhi HC (2025) — LawSathi Research

Captain Sudipt Sen Vs Director General of Civil Aviation & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory directions only: petitioner's counsel permitted time to take instructions on whether the petitioner continues to abide by his statement in paragraph-10 of the order dated 01.05.2025; CM APPL.32010/2025 directed to be listed on 26.05.2025 at the 'Top of the Board'.

Issue for consideration

Whether the petitioner was justified in refusing to give the declaration that he has no outstanding claims and disputes against the respondents (in particular respondent no.4), the declaration being sought in terms of the statement recorded in Paragraph 10 of the order dated 01.05.2025. +1 more

Court's answer

Prima facie, the Court found no justification in the petitioner refusing to give the declaration of having no outstanding claims and disputes against the respondents, particularly since respondent no.4 had acceded to the petitioner's request for issuance of a certificate in the manner agreed upon by the parties and recorded in Paragraph-4 of the order dated 01.05.2025.

Ratio / Principle

The Court enquired whether the petitioner continues to abide by his statement recorded in paragraph-10 of the order dated 01.05.2025; learned counsel for the petitioner sought time to take instructions, and the matter was directed to be listed on 26.05.2025 at the 'Top of the Board'.

Detailed headnote1 paragraphs

High Court of Delhi (Sachin Datta, J.), W.P.(C) 12770/2023, Captain Sudipt Sen v. Director General of Civil Aviation & Ors. — On CM APPL.32010/2025 moved by respondent no.4 (Tata SIA Airlines Ltd.) for directions, the Court noted that the petitioner had refused to give a declaration that he has no outstanding claims and disputes against the respondents, although the declaration was sought in terms of his own statement recorded in Paragraph 10 of the order dated 01.05.2025 ('no surviving grievance against any of the respondents, including the respondent no. 4'), and although respondent no.4 had acceded to the petitioner's request by agreeing, as recorded in Paragraph-4 of the same order, to furnish a fresh certificate superseding earlier certificates certifying his blame-free tenure with Tata SIA Airlines from 05 October 2015 to 10 September 2020. Prima facie finding no justification for the refusal, the Court enquired whether the petitioner continued to abide by his statement; petitioner's counsel sought time to take instructions; matter listed on 26.05.2025 at the Top of the Board.

$~39

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 12770/2023 CAPTAIN SUDIPT SEN .....Petitioner Through: Mr. Veerandra Mohan, Adv. versus

DIRECTOR GENERAL OF CIVIL AVIATION & ORS.

.....Respondents

Through: Ms. Nidhi Raman (CGSC) along with Ms. Ridhi Kapoor, Adv. Mr. Darpan Wadhwa (Sr. Adv) along with Mr. Rishad Ahmed, Ms. Azeem Samuel, Mr. Amit K. Mishra, Mr. Mitakshara Goyal, Mr. Akshat Hansaria, Mr. Avdesh Bairwa, Mr. Anunay Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 23.05.2025

CM APPL.32010/2025 (filed on behalf of R-4 for directions)

The present application has been field by respondent no.4 intimating that the petitioner has refused to give the declaration as sought by the petitioner to the effect that he has no outstanding claims and disputes against the said respondents.

It is rightly pointed out by the learned Senior Counsel for the applicant that the declaration has been sought in terms of the statement recorded in Paragraph 10 of the order dated 01.05.2025 which reads as under:-

“10. Learned counsel for the petitioner submits, on instructions, that he has no surviving grievance against any of the respondents, including the respondent no. 4.”

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:42:29

As such, prima facie , this Court finds no justification in the petitioner refusing to give the aforesaid declaration, particularly, since the respondent no.4 has acceded to the request of the petitioner for issuance of a certificate in the manner agreed upon by the parties and as recorded in Paragraph-4 of the order dated 01.05.2025. Paragraph-4 of the order dated 01.05.2025 is reproduced as under:

“4. During the course of mediation, it has been agreed that in supersession of the aforesaid certificates, Tata SIA Airlines Ltd. (respondent no.4) would furnish a fresh certificate reading as under:-

“Certificate:

This is to certify that Capt Sudipt Sen (AT PL 2170) was employed with Tata Sia Airlines (since acquired by AIR INDIA) from 05 October 2015 to 10 September 2020. During his tenure in Tata SIA Airlines, he was not involved in any accident or serious incidents in which any blame was attributed to him.””

Learned senior counsel for the applicant submits that the undertaking as recorded in Paragraph-10 of the order dated 01.05.2025 is an integral and vital part of the understanding between the parties, on the basis of which the order was passed.

In the circumstances, it has been enquired from learned counsel for the petitioner whether the petitioner continues to abide by his statement as recorded in paragraph-10 of the order dated 01.05.2025.

Learned counsel for the petitioner seeks some time to take instructions.

List on 26.05.2025 at the “ Top of the Board ”.

SACHIN DATTA, J MAY 23, 2025/uk

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:42:29