‘Forthwith Process Applications Of Go First’s Lessors To Deregister Aircraft’: Delhi HC Directs DGCA

The Delhi High Court on Friday has directed the Directorate General of the Civil Aviation to forthwith process the applications filed by several lessors for deregistration of their 54 planes so that they could take them back from the crisis-hit ‘Go First’ airline.

The high court stated that the process shall be done in not later than 5 working days.

WHAT BENCH STATES?

Justice Tara Vitasta Ganju also restrained the resolution professional appointed under the insolvency law to manage the airline, and its directors from moving or taking away the planes or spare parts, documents, records and any other material.

The court stated, “DGCA shall forthwith and not later than 5 working days process the deregistration applications filed by the 54 aircrafts.”

The high court stated, the DGCA, AAI and its authorized representatives shall aid and assist the petitioner lessors and grant them access to the airports.

It stated that the lessors are permitted to export the aircraft as per the applicable rules and laws.

It stated, “DGCA shall facilitate export of aircraft by providing export certificates and all other documents.”

The high court pronounced the judgement on petitions by many lessors seeking de-registration of their planes by aviation regulator DGCA so that they could take them back from the airline.

After pronouncement of the verdict, the counsel for some of the respondents urged the court to keep its directions in abeyance for a week.

However, the judge refused to do so and stated, “You find another court to put my directions in abeyance”.

Several aircraft lessors of Go First earlier approached the single judge seeking deregistration of their planes by aviation regulator DGCA so that they could take them back from the airline.

PREVIOUSLY IN CASE

Earlier, the NCLT-appointed resolution professional, tasked with managing Go First told the high court that returning aircraft to the lessors will render the airline, which has 7,000 employees to look after “dead”.

On May 10, 2023, the National Company Law Tribunal admitted the airline’s voluntary insolvency resolution petition & appointed an interim resolution professional to manage the carrier.

With a moratorium in force on financial obligations and transfer of assets of Go First in the wake of the insolvency resolution proceedings, the lessors were unable to deregister and take back the aircraft leased to the carrier.

Earlier, the lessors told the court that denial of deregistration by the DGCA was “illegitimate”.

Some of the lessors who have approached the high court are: Accipiter Investments Aircraft 2 Limited, EOS Aviation 12 (Ireland) Limited, Pembroke Aircraft Leasing 11 Limited, SMBC Aviation Capital Limited, SFV Aircraft Holdings IRE 9 DAC Ltd, ACG Aircraft Leasing Ireland Ltd and DAE SY 22 13 Ireland Designated Activity Company.

Besides, GY Aviation Lease 1722 Co Ltd, Jackson Square Aviation Ireland Ltd, Sky High XCV Leasing Company Ltd, Star Rising Aviation 13 Ltd, Bluesky 31 Leasing Company Ltd and Bluesky 19 Leasing Company Ltd have also approached the high court.

Go First stopped flying from May 3, 2023.

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