Monday, July 10, 2023

Go-First resolution professional challenges before HC permission to lessors to maintain aircrafts

The interim resolution professional (IRP) of crisis-hit Go First airline on Monday challenged before the Delhi High Court the permission given to the lessors to inspect their aircraft and carry out maintenance. In appeals before a division bench headed by Chief Justice Satish Chandra Sharma, the senior lawyers for the resolution professional, appointed under the insolvency law to manage the airline, argued that the order of the single judge granting interim relief to the lessors on their petition seeking deregistration of their planes was contrary to the law.

The bench, also comprising Justice Sanjeev Narula, listed the appeals for further hearing on July 11 and orally asked the parties to not "do anything" in pursuance of the single judge's order in the meantime.

"List tomorrow. Don't do anything," the court said.

In a judgment passed on July 5, the single judge had allowed the lessors to inspect their aircraft at least twice a month and carry out maintenance work.

It had also restrained the resolution professional and other parties from removing, replacing or taking out any part or components or records of the 30 aircraft in question except with the prior written approval of the lessor of the particular aircraft.

Senior advocate Neeraj Kishan Kaul, representing the appellant, said if the control of the fleet of aircraft is taken away, it would be difficult to keep the airline alive for its revival.

He assured the court that efforts were underway to keep the airline as a going concern and re-start its operations soon.

Senior advocate Ramji Srinivasan also appeared for the appellant and said even in the petitions before the single judge, the prayer of the lessors was to direct the resolution professional to maintain the aircraft.

DGCA counsel Anjana Gosain submitted that under the applicable framework, only Go First was authorised to oversee the day-to-day maintenance of the aircraft and lessors would need approvals for the same.

Several aircraft lessors of Go First had earlier approached the single judge seeking deregistration of their planes by aviation regulator DGCA so they could take them back from the airline.

While granting interim relief, the single judge had asked the Directorate General of Civil Aviation (DGCA) to permit the lessors, their employees and agents to access the airport, where their aircraft are currently parked, and to inspect.

10/07/2023 PTI/Economic Times


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