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LHAM wrote:That would be bad news for the MAX.
Spice jet is Boeing's largest customer in India having a standing order for 205 frames.
2175301 wrote:Sounds like a fast and fair bankruptcy process; unlike some of the others in the last few years.
lightsaber wrote:Well, this is interesting. I knew SpiceJet was losing money, but not that money was this tight. Anyone have a link to recent financial performance?LHAM wrote:That would be bad news for the MAX.
Spice jet is Boeing's largest customer in India having a standing order for 205 frames.
With Jet not flying, this would effectively remove the MAX from India domestic opperations.
Lightsaber
airsmiles wrote:They have 205 MAX on order, yet can’t clear a $24m debt from years ago? Aren’t they also planning to start long-haul operations? There’s something very wrong with their finances.
LHAM wrote:That would be bad news for the MAX.
Spice jet is Boeing's largest customer in India having a standing order for 205 frames.
lightsaber wrote:Well, this is interesting. I knew SpiceJet was losing money, but not that money was this tight. Anyone have a link to recent financial performance?
The court was allowing a company petition from Credit Suisse AG, a stock corporation registered under the laws of Switzerland, which prayed for winding up of the Indian firm under the provisions of the Companies Act, 1956 and appoint the Official Liquidator of the High Court as the Liquidator with all powers under Section 448 of the Companies Act to take charge of SpiceJet's assets, properties, stock in trade and books of accounts.
The "respondent company (SpiceJet) has miserably failed to satisfy the three pronged test suggested by the Supreme Court in Mathusudan Govardhandas & Co. v. Madhu Woollen Industries (P) Ltd., and hence had rendered itself liable to be wound up for its inability to pay its debts under Section 433 (e) of the Companies Act 1956," Justice R Subramanian said in his order on Monday and directed the private carrier be wound up and the official liquidator take over its assets.
According to the petitioner, SpiceJet had availed of the services of SR Technics, Switzerland, for maintenance, repair and overhauling of aircraft engines, modules, components, assemblies and parts, which are mandatory for its operations. An agreement for performance of such services for a period of 10 years was entered into between SpiceJet and SR Technics on November 24. 2011.
The terms of payments were also agreed. On August 24, 2012 a supplemental agreement was also entered into to change certain terms of the agreement. The amendments included extension of time for payment of money due under various invoices and also a deferred payment scheme. Since there was a general increase in the cost, the 2012 supplemental agreement included adjustment of flight hour rates and provisions for escalation were also made.
Upon provision of the services under the agreement, SR Technics had raised invoices and SpiceJet had issued seven bills of exchange for the monies due under the invoices. It also acknowledged the debts from time to time by issuing certificates of acceptance in relation to the bills of exchange which would imply the respondent had not disputed the correctness of the claim made in the invoices.
The above clause would make it very clear that while it was open to SpiceJet to terminate the contract for the reason that SR Technics did not have a valid authorisation, the termination by itself would not relieve SpiceJet of the obligations that arose under the contract prior to such termination becoming effective. Admittedly, SpiceJet had not chosen to terminate the contract. It had continued to avail the services.
"Therefore in my opinion, it cannot now turn around and say, there is a violation of the provisions of the Aircraft Act or the C.A.R. Rules made there under and therefore the liability ceased. I thus find that the respondent Company has miserably failed to satisfy the three pronged test suggested by the Hon'ble Supreme Court in Mathusudan Govardhandas & Co. v. Madhu Woollen Industries (P) Ltd., supra, and hence had rendered itself liable to be wound up for its inability to pay its debts under Section 433 (e) of the Companies Act 1956. I am therefore of the opinion that this Company Petition should be allowed and the respondent Company directed to be wound up. The Official Liquidator is directed to take over the assets of the respondent Company," the judge said.
REDHL wrote:SpiceJet will appeal the order.
https://www.newindianexpress.com/states ... 93050.html
https://www.business-standard.com/artic ... 039_1.html
BawliBooch wrote:SpiceJet lawyers presented an interesting defense for non-payment - SG lawyers argued that the company SR Technics was not licensed by Indian DGCA to maintain Indian registered aircraft between 2009 and 2015 and hence they were not liable to pay any dues for the period! Ingenious!
This despite the fact that SpiceJet previously acknowledged the dues and promised to pay in 2011 and 2014! This hilarious defense would mean that SpiceJet was flying planes being maintained by an unlicensed contractor!
sfojvjets wrote:airsmiles wrote:They have 205 MAX on order, yet can’t clear a $24m debt from years ago? Aren’t they also planning to start long-haul operations? There’s something very wrong with their finances.
Agreed. They said they cut a deal with Boeing regarding MAX compensation, and they are receiving two 777s in return. How incredibly short-sighted, when they could instead have gotten financial compensation. What are they going to do with two old 777s when they're bankrupt? And what kind of 777 pilots are going to apply to an airline that is likely going to enter administration, and will lose their jobs as a result??
sfojvjets wrote:airsmiles wrote:They have 205 MAX on order, yet can’t clear a $24m debt from years ago? Aren’t they also planning to start long-haul operations? There’s something very wrong with their finances.
Agreed. They said they cut a deal with Boeing regarding MAX compensation, and they are receiving two 777s in return. How incredibly short-sighted, when they could instead have gotten financial compensation. What are they going to do with two old 777s when they're bankrupt? And what kind of 777 pilots are going to apply to an airline that is likely going to enter administration, and will lose their jobs as a result??
LHAM wrote:That would be bad news for the MAX.
Spice jet is Boeing's largest customer in India having a standing order for 205 frames.
sfojvjets wrote:Agreed. They said they cut a deal with Boeing regarding MAX compensation, and they are receiving two 777s in return. How incredibly short-sighted, when they could instead have gotten financial compensation. What are they going to do with two old 777s when they're bankrupt? And what kind of 777 pilots are going to apply to an airline that is likely going to enter administration, and will lose their jobs as a result??
TexasAirCorp wrote:I find it insane that they're choosing to appeal, surely it would just be so much easier (and probably cheaper) to just pay up. If they seriously cannot pay $4 million, how the hell are they still flying?
BawliBooch wrote:sfojvjets wrote:Agreed. They said they cut a deal with Boeing regarding MAX compensation, and they are receiving two 777s in return. How incredibly short-sighted, when they could instead have gotten financial compensation. What are they going to do with two old 777s when they're bankrupt? And what kind of 777 pilots are going to apply to an airline that is likely going to enter administration, and will lose their jobs as a result??
The source for "Boeing giving SpiceJet 2 777s as compensation for MAX" is Ajay Singh himself briefing reporters on a special MAX re-introduction to service flight. The man made a big deal in the Indian media over dragging Boeing to court for compensation. I see this announcement as a face saving move.
As I asked in the thread discussing SpiceJet 777s - Has Boeing confirmed independently that they have given SpiceJet 2 777s as MAX compensation?TexasAirCorp wrote:I find it insane that they're choosing to appeal, surely it would just be so much easier (and probably cheaper) to just pay up. If they seriously cannot pay $4 million, how the hell are they still flying?
Total due to Credit Suisse via SRTechnic is $24 million! SpiceJet have to deposit $5 million within next 2 weeks and can challenge the liquidation verdict after that!
As to whether they can afford it, SpiceJet has not been paying its contractors and even its staff for over a year now. Payment defaults started even before the COVID mess - way back in 2018 infact. All this while, some av-bloggers were spinning obedient lies which were being passed off as fact!
Remember how so many crooks from Niirav Modi to Mehul Choksi to Vijay Mallya of KingFisher fled the country after defrauding taxpayers and investors to the tune of 1000s of crores and now sit sipping Champagne in their luxury homes in UK and Bahamas while the people they cheated backhome languish in penury?
Ajay Singh of Spicejet owes 1000s of crores to Indian state owned banks, contractors, state owned and private oil companies as well as staff. At the very least, the CEO Ajay Singh should be prevented from leaving the country and his passport impounded to ensure he doesnt flee.
TexasAirCorp wrote:I find it insane that they're choosing to appeal, surely it would just be so much easier (and probably cheaper) to just pay up. If they seriously cannot pay $4 million, how the hell are they still flying?
Vimanav wrote:Liquidation... huh?
Never forget that this airline was the original ModiLuft...
and it still is...
so yeah, nothings going to happen to it.
Cheers//Vimanav
Breathe wrote:Got any links?
Phosphorus wrote:Not sure how would this work. If other angry creditors show up -- are they expected to file separate suits, or can they file parallel claims within this same court case?
Logically, while it was a commercial claim of one company to another -- the answer must be "no". But the court ruling contains words "liquidator" and "winding up the company" -- and these are bound to affect more than these two companies?
BawliBooch wrote:Vimanav wrote:Liquidation... huh?
Never forget that this airline was the original ModiLuft...
and it still is...
so yeah, nothings going to happen to it.
Cheers//Vimanav
ModiLuft was owned by SK Modi with a technical partnership with Lufthansa. It evolved into Royal Airways which was bought by Ajay Singh. SpiceJet AOC may survive in another avatar. SpiceJet might find new owners and fly again - perhaps Adani can make a bid so it stays within the family! But Ajay Singh's career in aviation and life as a free man are both effectively over.Breathe wrote:Got any links?
The link to the court case proceedings was already posted a little earlier in this very thread. For the rest, Google is your friend!
MIflyer12 wrote:2175301 wrote:Sounds like a fast and fair bankruptcy process; unlike some of the others in the last few years.
That depends on what priorities are:
- keeping it as a going concern to pay creditors (all creditors, not just the Swiss maintenance firm)
- maintaining employment
- maintaining frequency on airport pairs
- keeping competition in the market
(Other) airline employees just love to see competition disappear.
BawliBooch wrote:ModiLuft was owned by SK Modi with a technical partnership with Lufthansa. It evolved into Royal Airways which was bought by Ajay Singh. SpiceJet AOC may survive in another avatar. SpiceJet might find new owners and fly again - perhaps Adani can make a bid so it stays within the family! But Ajay Singh's career in aviation and life as a free man are both effectively over.
avier wrote:Seeing the ego of Indian airline promoters though, it seems they'd rather let their airline shutdown than have anyone else take control of it. It's more like: it can only be mine, and no one else's.
Vicenza wrote:Liquidate it.
BawliBooch wrote:Ajay Singh does not seem like the emotional type though. Naresh had the "proud daddy" emotional problem when it came to Jet. Ajay Singh is more of a hard nosed bania - will take the best deal he can get and bail!
avier wrote:1. Perhaps Adani can make a bid so it stays within the family!
2. getting the prized Udan routes of SG.
MIflyer12 wrote:- keeping it as a going concern to pay creditors (all creditors, not just the Swiss maintenance firm)
BawliBooch wrote:Perhaps the Govt can step in and buy out SpiceJet! Sections within the Govt are keen to have a "national" airline. Instead of working to build a new one on the Indian Airlines AOC/brand, they can just buy SpiceJet and rebrand it! Voila!
Ajay Singh gets a good price and perhaps gets to stay on as CEO. Govt gets a national airline with which to dispense favors. Everybody wins!
Except the Indian taxpayer!
*sarcasm
BawliBooch wrote:Perhaps the Govt can step in and buy out SpiceJet! Sections within the Govt are keen to have a "national" airline. Instead of working to build a new one on the Indian Airlines AOC/brand, they can just buy SpiceJet and rebrand it! Voila!
Ajay Singh gets a good price and perhaps gets to stay on as CEO. Govt gets a national airline with which to dispense favors. Everybody wins!
Except the Indian taxpayer!
*sarcasm
DIJKKIJK wrote:
Nationalising a private company? In this day and age?
I've come across cases of fertile imagination, but this takes not just the cake but the entire bakery.
lightsaber wrote:SpiceJet called the bluff and won.
Lightsaber
Cardude2 wrote:so what happens now?
avier wrote:BawliBooch wrote:ModiLuft was owned by SK Modi with a technical partnership with Lufthansa. It evolved into Royal Airways which was bought by Ajay Singh. SpiceJet AOC may survive in another avatar. SpiceJet might find new owners and fly again - perhaps Adani can make a bid so it stays within the family! But Ajay Singh's career in aviation and life as a free man are both effectively over.
The airline would need to survive in some form or the other, under a new ownership and management in place.
If they were to disappear, it would only mostly benefit the blue airline the most; getting all their lucrative slots at airports, the prized Udan routes of SG, and their Int'l flying rights to the Gulf & S.E Asia. Holding +55% market share is scary, and with SG gone, it would easily go past 60% for the blue airline.
Seeing the ego of Indian airline promoters though, it seems they'd rather let their airline shutdown than have anyone else take control of it. It's more like: it can only be mine, and no one else's.
TexasAirCorp wrote:Surprise surprise, 14 days is up and SpiceJet failed to make payment.
The court has, in my opinion, been pretty generous and now given a three-week window to negotiate some sort of agreement with Credit Suisse. If they fail to reach a settlement, liquidation will again be put on the table.
Interestingly, the Airports Authority of India held a senior meeting yesterday to discuss SpiceJet's financial standing and find a way to cushion themselves if SG does indeed end up being liquidated. Not a good sign.
https://www.ch-aviation.com/portal/news ... ation-case
TexasAirCorp wrote:Cardude2 wrote:so what happens now?
Now SpiceJet has three weeks to either pay its debts or try and get Credit Suisse to allow it to pay later. Something tells me CS won't be too keen to budge.
If that fails, it's back to the court and CS will most likely push for liquidation.
DIJKKIJK wrote:India has had more airlines going bust than any other country, all thanks to clueless businesspeople starting airlines only to fuel their hubris. They've ruined the aviation scene in the country and India's airports are littered with rotten carcasses of their stupidity.
It's about time someone gave these arrogant fools a reality check. Airlines should be started only by people who can run them.