Go First case: Another lessor moves NCLAT against NCLT order permitting airline to use aircraft

Go First NCLAT

Jackson Square Aviation Ireland Ltd, a lessor to the grounded airline Go First has moved the National Company Law Appellate Tribunal (NCLAT) challenging the National Company Law Tribunal (NCLT) order permitting the airline to use leased aircraft.

Jackson is the second lessor to approach the appellate tribunal after Engine Lease Finance BV. On August 18, the NCLAT modified  NCLT's  July 26 order, to permit the engine lessor to carry out inspection of their four engines leased to Go First.

The lessor's appeal which was listed at the registrar's court today is expected to be heard by the tribunal in the coming week. Registrar's Court is responsible for checking whether pleadings filed by the litigants are technically compliant.

On July 26,  the NCLT refused to restrain Go First from using leased aircraft for its operations, noting that those aircraft are essential to keep Go First as a going concern company.

According to the tribunal's order, "the DGCA has not deregistered the aircraft, which means that they are available to Go First for use to resume operations. Therefore, as long as the aircraft/engines are registered, they can be used for operating or flying to keep Go First as a going concern, however, within the safeguards/safety norms prescribed by the regulators."

The NCLT also dismissed the plea by lessors to inspect their aircraft and engine and held that they have in their previous order from June 15 already directed the Resolution Professional (RP) to maintain the same. The tribunal has granted relief to the lessors only to the extent of protection and maintenance of the aircraft/engines by the RP.