Go First Case: IRP argues Delhi HC can't decide on aircraft lessors' plea

Go First

The Interim Resolution Professional (IRP) for Go First argued on May 30th that the airline's cash-strapped situation led its lessors to approach the Delhi High Court instead of availing the remedy to approach the Supreme Court against the National Company Law Appellate Tribunal's (NCLAT) order.

Harish Salve, representing the IRP as King's Counsel, contended that the aircraft lessors initiated "parallel proceedings" despite a clear directive from the NCLAT to approach the National Company Law Tribunal (NCLT) regarding the status of aircraft leases terminated before the moratorium.

Salve raised concerns about the potential consequences of the Delhi High Court's order, which directed the Director General of Civil Aviation (DGCA) to release the aircraft to the lessors. He argued that such an order would undermine the insolvency process and result in a permanent halt to the company's operations, leading to significant job losses.

Salve emphasized the interconnectedness of the insolvency proceedings and the proceedings before the Delhi High Court, asserting that any order issued by the High Court would directly impact the ongoing insolvency process.

He further stated that the IRP, acting as a replacement for the company's management, has the right and responsibility to continue running the airline as a going concern, which necessitates the availability of aircraft.

Sandeep Sethi, a Senior Advocate also representing the IRP, echoed Salve's arguments, highlighting that the Supreme Court has consistently advocated for minimal interference in insolvency proceedings.

The case has been adjourned until May 31st, during which the DGCA is expected to present its side of the case to the court.

On May 26th, the aircraft lessors contended that the denial of deregistration by the Directorate General of Civil Aviation (DGCA) was "illegitimate." Their lawyers stated that they had approached the civil aviation regulator to request deregistration of their aircraft, but their pleas were rejected.

The lessors argued that, according to the Irrevocable De-registration and Export Request Authorisations (IDERA), it was mandatory for the DGCA to deregister the aircraft upon their request.

On May 24th, the DGCA informed the court that the application by the aircraft lessors to repossess their aircraft had not been officially rejected. Instead, it was put on hold due to the ongoing moratorium.

Aircraft lessors, including Pembroke Aviation, Accipiter Investments Aircraft 2 Ltd, EOS Aviation, and SMBC Aviation, filed a writ with the Delhi High Court, seeking directions to release the planes leased to the financially distressed airline. The writ requested the court to instruct the DGCA to deregister the aircraft currently leased to Go First.

On May 22nd, the National Company Law Appellate Tribunal (NCLAT) upheld the NCLT's order admitting Go First's plea for insolvency. The appellate tribunal directed the aircraft lessors to approach the NCLT with relevant applications to determine the possession of the aircraft.

The lessors had challenged the NCLT's order, alleging that Go First was attempting to utilize the insolvency process to retain assets it did not own.

On May 10th, the principal bench of the NCLT in Delhi accepted Go First's voluntary plea to initiate an insolvency resolution process. The tribunal appointed an IRP, suspended the board, and imposed a moratorium on the airline's financial obligations.