The court also instructed the RP to comply with its order dated 4 August, which had asked for a status report on the maintainability of assets within 10 days.
The matter will next come up for hearing on 12 September.
Meanwhile, industry trackers say that orders allowing inspections by lessors has been leading to delays in the return of Go First.
During the proceedings, the Committee of Creditors (CoC) submitted a plea for intervention in the case. However, the lessors opposed the CoC’s plea saying that it was an attempt to ‘ambush’ their case and insisted that their application should be heard immediately.
The tribunal also sought RP’s stance on a separate plea by the CoC. The RP replied there was no opposition to the plea, as the CoC can have its own views. The court sought to know which provisions allowed CoC to file a plea separate from the resolution professional, as traditionally, the RP is the voice of CoC and should act in consultation.
The court asked the lessors to allow CoC to make their submissions in the case, although, no formal notice has been issued.
Throughout the case, the lessors have consistently argued that the RP has not maintained the aircraft and fulfilled their duties. In response, the RP had accused the lessors of involving the airline in various other legal proceedings, citing numerous developments in the case.
Notably, two lessors, Jackson Square Aviation Ireland Ltd and Engine Lease Finance BV, had recently moved the National Company Law Appellate Tribunal (NCLAT) against the NCLT order dated 26 July and secured the right to inspect their engines and aircraft, respectively.
In the 26 July order, NCLT had allowed Go First to use ground-leased aircraft and resume operations, saying that the Directorate General of Civil Aviation (DGCA) had not deregistered the aircraft, indicating that they were available for the airline to resume operations.According to media reports, Go First’s Ireland-based lessor, ACG Aircraft Leasing, informed the court that critical components, including fan blades, escape slides, and other vital parts, are missing from at least two aircraft. ACG submitted pictures and details of the missing items from two Airbus A320planes in a non-public filing at the Delhi High Court on July 28th.
The list of missing items includes the captain’s “side stick” used for flying the aircraft, a tiller for ground steering, engine fan blades that were “completely missing,” a partially absent toilet seat, and a removed escape slide.
Meanwhile, the case regarding deregistration of the grounded aircraft, filed by the lessors, is undergoing regular hearings before the Delhi High Court’s single bench. Both the high court’s division bench and the Supreme Court upheld the single bench’s ruling, permitting lessors to conduct inspections of parked aircraft.
Mint earlier reported how despite approvals from the aviation regulator DGCA, Go First RP Shailendra Ajmera has not been able to raise funds due to a Delhi High Court order.
The airline has approached the CoC for an immediate infusion of ₹100 crore into the airline and to be able to service its insurance and other statutory obligations.
Go First, owned by the Wadia Group, filed for insolvency attributing financial troubles to Pratt and Whitney’s faulty engines. NCLT admitted the case on May 10, suspending the board, and imposing a moratorium on the airline’s financial obligations.
The moratorium prompted several Go First aircraft lessors, including SMBC Aviation Capital, SFV Aircraft Holdings, and GY Aviation Lease, to move to the NCLAT. However, the NCLAT rejected their plea to stay NCLT proceedings.
Subsequently, lessors like Pembroke Aircraft Leasing 11 Ltd, SMBC Aviation Capital Ltd, Accipiter Investments Aircraft 2 Ltd, EOS Aviation 12 (Ireland) Ltd, SFV Aircraft Holdings IRE 9 DAC Ltd, ACG Aircraft Leasing Ireland Ltd, and DAE SY 22 13 Ireland Designated Activity Company approached the Delhi High Court. They sought the deregistration of aircraft leased to Go First.
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Updated: 01 Sep 2023, 06:23 PM IST
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