‘Inspection of Go Fleet May Cause Delays’

Jul. 10—NEW DELHI — A Delhi High Court division bench on Monday heard the appeal filed by the resolution professional (RP) of Go First, challenging an interim order issued by a single bench on 5 July, allowing the lessors to inspect the airline's fleet, as it would be disastrous for Go First in its efforts to resume operations.

Neeraj Kishan Kaul, counsel appearing for the RP, said the order disregarded a proposed resolution approved by Committee of Creditors, and submitted to the Directorate General of Civil Aviation. The matter is already being dealt with by the National Company Law Tribunal, he argued, and questioned the civil court's jurisdiction to rule on the writ petition.

During the hearing, senior lawyer representing the airline's RP referred to the interim order of the High Court as disastrous for the airline's operations, potentially causing significant disruptions.

The RP's lawyer also highlighted that out of the 56 aircraft, 26 had been inspected by the DGCA and declared fit to fly, while the remaining aircraft were awaiting engine delivery from Pratt and Whitney. They further mentioned that an emergency arbitration process was initiated in Singapore against Pratt and Whitney to obtain new engines.

The lawyer from the DGCA clarified their neutral stance in the matter, stating that they are bound by the court's order and sought clarification on the responsibility for maintaining the parked aircraft. The DGCA informed the court that as per the current rule's lessors are not allowed to carry out maintenance work and only Go First has the authorization to do so.

The RP reiterated their position, referring to the NCLT's order from June 15th, which assigned the responsibility of aircraft maintenance to the RP, not the lessors. On the other hand, the lessors argued that the airline was not permitted to operate their aircraft as per aircraft rules.

In an interim order on the Delhi High Court Single bench directed the DGCA and airport authorities to allow representatives and officers of Go First's lessors to inspect the 30 parked aircraft within the next three days. The hearing will resume tomorrow to further address the appeals and arguments presented.

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Updated: 10 Jul 2023, 11:47 PM IST

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