Go First Crisis: Justice Parthiba Singh recuses from hearing pleas by Go First aircraft lessors against DGCA

File image of a parked Go First aircraft

Justice Parthiba Singh, judge of Delhi High Court, on May 24 recused from hearing pleas by Go First aircraft lessors against Directorate General of Civil Aviation (DGCA),  seeking possession of their aircraft.

The judge, decided to recuse after it was pointed out to her that her spouse senior advocate Maninder Singh appeared for suspended management of the airline at NCLAT. The case is to come up tomorrow before another judge.

The aircraft lessors objected to her recusal stating that the proceedings before Delhi High Court have no bearing on the proceedings before NCLAT. The judge however decided to place the case before the Chief Justice of Delhi High Court and noted in her order that it could be listed on May 26, subject to the schedule of the court where the case will be listed.

On May 24, DGCA provided an update on the Go First case during proceedings at the Delhi High Court. In response to a plea filed by Pembroke Aviation seeking the release of their aircraft, the DGCA stated that the application by the aircraft lessor to take possession of their aircraft has not been officially rejected. Rather, it has been kept in abeyance due to the ongoing moratorium.

DGCA further told the court that it takes five days to process any such application and before they could take a decision on Pembroke's application, the National Company Law Tribunal (NCLT) passed the order admitting Go First to moratorium.
The Interim Resolution Professional (IRP) of Go First told the court that they need the possession of aircraft to run the airline as a going concern. Pembroke reiterated that once the lessor terminates the lease for the aircraft, the airline company has no right to operate it.

So far this month, several lessors have approached aviation regulator DGCA for deregistration and repossession of Go First's 45 planes.

The National Company Law Appellate Tribunal (NCLAT) on Wednesday directed three aircraft lessors of Go First to approach NCLT over their claims for possession of aircraft, whose leases were terminated by them prior to the initiation of insolvency proceedings against the Wadia group entity.

The appellate tribunal directed Accipiter Investments Aircraft 2, Eos Aviation 12 (Ireland), and ACG Aircraft Leasing Ireland to file appropriate applications at NCLT over the applicability of the moratorium on their aircrafts.

However, according to the airline official, Go First is working on a plan to resume operations at the earliest.

A senior official at the Directorate General of Civil Aviation (DGCA) on Tuesday said the airline submitted its response to the show cause notice.

"They have submitted their response indicating that they are working on the details of a plan to resume flights at the earliest," the official said.

On May 8, DGCA issued a show cause notice to the budget carrier under the relevant provisions of the Aircraft Rules, 1937, for its failure to continue the operation of the service in a safe, efficient and reliable manner. The reply was to be submitted within 15 days.

Go First stopped flying on May 3 after it filed for insolvency.