Go First Airlines has approached the Supreme Court to challenge the Delhi High Court Division Bench's refusal to interfere with the single-judge's directions granting aircraft lessors access to the leased planes. Senior Advocate Ramji Srinivasan, representing the Resolution Professional of Go First, informed Justice Tara Vitasta Ganju of their appeal against the Division Bench order. The airline aims to have the matter listed for hearing on Friday or Monday.
Meanwhile, Justice Ganju continued to hear the lessors' petitions to finally decide the matter. On July 5, the Delhi High Court issued an interim order permitting aircraft lessors access to the planes leased to Go First Airlines and allowed them to carry out maintenance work on the aircraft.
Go First Airlines had contested this order before the Division Bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula. However, the Bench declined to intervene in the matter but instructed the single-judge to expedite the decision.
The Division Bench also modified one of the directions, allowing Go First Airlines to conduct all maintenance tasks for the aircraft, including engines and other components.
The dispute arose when several aircraft lessors approached the High Court, stating that their applications for de-registration of the aircraft had been rejected by the Directorate General of Civil Aviation (DGCA). They argued that the Insolvency and Bankruptcy Code (IBC) did not address de-registration cases, making bankruptcy tribunals incompetent to hear their pleas.
The issue originated when Go First Airlines initiated the corporate insolvency resolution process under the IBC before the National Company Law Tribunal (NCLT) in Delhi. The NCLT Delhi, on May 10, accepted the plea and imposed a moratorium on the company. The tribunal also directed the suspended board of directors to cooperate with the Interim Resolution Professional to prevent layoffs.
The NCLT's decision was upheld by the National Company Law Appellate Tribunal (NCLAT) on May 22.
TAGS: Go First Airlines Supreme Court Delhi High Court Division Bench aircraft lessors leased planes Senior Advocate Ramji Srinivasan Resolution Professional Justice Tara Vitasta Ganju appeal hearing interim order maintenance work Chief Justice Satish Chandra Sharma Justice Sanjeev Narula Directorate General of Civil Aviation (DGCA) Insolvency and Bankruptcy Code (IBC) National Company Law Tribunal (NCLT) corporate insolvency resolution process moratorium National Company Law Appellate Tribunal (NCLAT) de-registration bankruptcy tribunals Interim Resolution Professional layoffs.
