The South Gauteng High Court in Johannesburg found some of the Gupta family to be in breach of a court order, after the same court ordered the family return the now infamous Bombadier Global 6000 to a Canadian bank.
High Court Judge Fayeeza Kathree-Setiloane said on Friday that Atul Gupta and his wife, Chetali, as well as Westdawn and Oakbay Investments, were in breach of the same court‘s order earlier this year that ordered the family to return the aeroplane to Lanseria airport.
Kathree-Setiloane in her judgment said the Guptas had five calendar days to return the aircraft to Export Development Canada (EDC). She added that if they were unable to do so, they had to file an affidavit to explain why.
EDC, which operates as an export credit agency, and Stoneriver brought the application against the Guptas over a lease agreement relating to the Bombadier jet valued at $41m earlier this year.
The Guptas have a lease agreement with EDC for the Bombadier Global 6000 aircraft, but are currently engaged in a legal dispute in the UK courts over the lease agreement.
Last month, the court dismissed the Guptas application for leave to appeal the same court‘s earlier ruling that ordered the family to hand over the aeroplane.
It has been at Lanseria, but was seized as part of assets taken by the National Prosecuting Authority (NPA), in their investigation relating to the Estina dairy farm project.
The Free State High Court this week lifted the restraint order against the Gupta family in that matter, releasing luxury vehicles, immovable properties and bank accounts, including the aircraft, to the family.