Jet Airways, which is caught in a legal battle with Air Sahara over the collapsed Rs 23 billion takeover deal, has claimed that Sahara should have returned the Rs 5 billion paid as advance within a week of termination of the pact.In its application filed before the Supreme Court yesterday, Jet argued that as per the Share Purchase Agreement, Sahara India had "undertaken, absolutely and unconditionally" to repay the advance amount of Rs 5 billion if the deal failed."This repayment in terms of the undertaking is to be made within 7 days from the date of termination or expiry of the SPA without any dispute, demur or delay," Jet said.Besides seeking transfer of the cases initiated by Air Sahara in a Lucknow district court to Bombay High Court, Jet had pleaded for a stay on the interim orders of the Lucknow court, which put a freeze on the escrow account opened by Jet Airways, besides preventing sale of Sahara's shares pledged for Rs 5 billion.The Naresh Goyal-controlled company said as per Clause 18.5.1 of the SPA, the two sides had agreed to intimate the Escrow Agent (ICICI Bank) about termination of the deal.Further, as per the Clause, the bank was bound to refund the amount to Jet within 1 working day, the company said.Jet also argued that Clause 18.1 of SPA clearly mentioned the agreement can be terminated automatically without the mandatory requirement of the notice from any party, if the deal was not completed within 65 days."Consequently, in terms of the express and specific provision contained in the SPA (in Clause 18.1), it stood terminated at midnight of June 21, 2006," Jet said.
