IN the UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT of NEW YORK CAIRN ENERGY PLC and CAIRN UK HOLDINGS LIMITED, Plai
Case 1:21-cv-04375 Document 1 Filed 05/14/21 Page 1 of 52 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK CAIRN ENERGY PLC and CAIRN UK HOLDINGS LIMITED, Civil Action No. Plaintiffs, v. AIR INDIA, LTD, Defendant. COMPLAINT Cairn Energy PLC (“Cairn Energy”) and Cairn UK Holdings Limited (“CUHL,” and together with Cairn Energy “Plaintiffs”), by and through their undersigned attorneys, bring this action for declaratory judgment against defendant Air India, Ltd. (“Air India”), and for a money judgment against Air India, as the alter ego of the Republic of India (“India”) and therefore jointly and severally liable for the debts and obligations of India itself, and allege as follows: NATURE OF THE ACTION 1. This is an action for declaratory relief against Air India pursuant to 28 U.S.C. § 2201 and Federal Rule of Civil Procedure 57 to determine and resolve questions of actual controversy involving the relationship between India’s wholly-owned national airline, Air India, and India, and in particular, whether Air India is the alter ego of India. In addition, Plaintiffs seek a money judgment adjudging that Air India is jointly and severally liable to satisfy the judgment Plaintiffs expect to be awarded against India based on a pending petition to confirm an arbitration award issued on December 21, 2020 (the “Petition to Confirm” and the “Award”). 2. India’s control over Air India is wide-ranging, extending throughout Air India’s legal existence to its day-to-day operations and its financial affairs. India displays a dominating hand over Air India in governance matters large and small by, among other things, controlling, Case 1:21-cv-04375 Document 1 Filed 05/14/21 Page 2 of 52 appointing, and having the power to remove Air India’s officers and directors; determining whether, when, and from whom Air India acquires fleet equipment; dictating the airline’s operational policies, from wages for its employees, to fares charged, and routes to offer; and making regular intrusive demands for information regarding operations.
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