Go First's insolvency plea and the applications filed in the plea by the lessors have been transferred to a bench comprising judicial member Mahendra Khandelwal and technical member Sanjeev Ranjan.
With this change, the case will now be heard be by a third different bench since its filing in May 2023. The case was initially before the chairperson of NCLT Justice (retd) Ramalingam Sudharkar, which was thereafter transferred to a bench comprising technical member Rahul Prasad Bhatnagar in June. It is now before a different combination, although the Mahendra Khandewal continues to be the judicial member.
On October 4, the earlier bench had requested the chairperson for the case to be placed before the president since Khandelwal and Bhatnagar are no longer sitting together owing to a reshuffle in the bench combinations. They opined that since they had heard the applications by lessors substantially, it would be appropriate for them to complete the hearing and pass orders, lawyers appearing for Go First and the lessors agreed with them.
Benches at NCLT usually sit in a combination of two. However, the president of NCLT has the power to change the combination from time to time. Cases are allocated to benches for hearing by the president.
If a case is placed before another bench, it may have to be argued afresh to apprise them of the facts as well as the developments, and this would result in the case taking more than the required time to conclude.
Engine and aircraft lessors to the grounded airline Go First have filed applications in NCLT seeking to be exempted from the moratorium on the ground that they had terminated the leases before the airline was admitted to insolvency.
The lessors had sought an interim order restraining the airline from operating leased aircraft. However, on July 26, the NCLT turned down a plea by seven lessors to restrain the airline from using the leased aircraft.
Go First filed for bankruptcy protection in May, blaming engine maker Pratt & Whitney for the grounding of half of its fleet and economic woes, a claim denied by the company.
09/10/2023 SN Thyagarajan/Moneycontrol
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