Go First takes lessors to SC, challenges HC order rejecting its appeal against lessor aircraft inspection

Go First Supreme Court

Resolution Professional (RP) of grounded airline Go First has filed an appeal in the Supreme Court against Delhi High Court division bench's order, which upheld the single judge's order allowing the airline's lessors the inspect the aircraft.

The appeal has been filed on August 2, and is currently under scrutiny by the registry for technical defect.

The RP informed the Delhi High Court of the appeal on August 3, stating that it may come up for hearing on Friday or Monday subject to the Supreme Court's schedule.

On July 12, the court allowed lessors to conduct inspections of 30 aircraft and their parts at regular intervals. The court upheld the decision of the single judge granting permission to the lessors to carry out inspections regularly. The court, however, permitted Go First to continue maintaining the aircrafts.

Additionally, the court directed the Director General of Civil Aviation (DGCA) to proceed with considering the resumption plan of Go First, taking into account the rights and contentions of the lessors. The court justified this direction based on the DGCA's stand that it would take at least 15 days to provide the necessary permissions for Go First to resume operations.

On July 5, a single-judge bench of the Delhi High Court granted permission to the lessors to inspect and perform maintenance work on their 30 leased aircraft and their parts twice a month. The order also prohibited Go First's resolution professionals and employees from removing, replacing, or taking out any part or component of the leased aircraft without the explicit permission of the lessors.

The aircraft lessors, including Pembroke Aviation, Accipiter Investments Aircraft 2 Ltd, EOS Aviation, and SMBC Aviation, filed a writ with the Delhi High Court, seeking instructions to release the planes leased to Go First, which is currently facing financial distress.

On May 22, the National Company Law Appellate Tribunal (NCLAT) upheld the National Company Law Tribunal's (NCLT) order to admit Go First's plea for insolvency.

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