Bombay HC allows Akasa Air’s plea challenging pilot’s exit

livemint.com:

₹21 crores from each of the pilots as damages and an additional ₹18 lakhs for breach of the company’s contract. Pertinently, the airline has also asked the court to direct the pilots to serve their mandatory notice period. The major contention of the pilots was that the Bombay High Court did not have the jurisdiction to rule in the matter.

This was, however, vehemently opposed by Akasa Air in its arguments. Janak Dwarkadas, senior counsel appearing for Akasa argued that the company had written proofs of the employment and training agreement which were executed in Mumbai. “Additionally, the company had received the resignations in Mumbai itself...

therefore the cause of action, which is a breach of the contract, arose in Mumbai. Hence, the suit was maintainable before the Bombay HC," the senior counsel pointed out. On the other hand, senior advocate Darius Khambata appearing for one of the pilots argued that the jurisdiction of the Bombay High Court was chosen for the benefit of lower court fees by the airlines.

He stated at the outset that one could not choose court jurisdiction by way of contract and no court could be given exclusive jurisdiction under a contract. He submitted that the agreement had been executed outside Mumbai as the company had sent hard copies of the agreements to the pilots for signatures and they had then sent it back to the company. He further argued that the pilots had sent their resignations from places outside Mumbai.