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The Supreme Court on Monday rejected cash-strapped airline Go First’s Resolution Professional’s appeal against the Delhi High Court order that allowed the airline’s lessors to inspect the aircraft.
The apex court said since the proceedings are pending before a single judge, who is hearing the case on a day-to-day basis, it currently cannot interfere. The CJI-bench clarified that the single judge will also decide the jurisdictional issues.
Go First has been claiming that it is the National Company Law Tribunal (NCLT), not the high court that has the jurisdiction to hear the case.
The tribunal on Friday directed the RP to submit details of the recent developments and to file an additional affidavit in the next 10 days, including the status of the maintenance of the leased aircraft.
During the proceeding, Senior Advocate Ramji Srinivasan, representing the RP, informed the tribunal that Go First has approached the Supreme Court against the orders of the Delhi High Court.
Earlier a single-member bench of the Delhi High Court had permitted the lessors of Go First to access and inspect the planes they had leased to the airline. This was also upheld by the division bench of the high court, following which Go First moved to the apex court.
Srinivasan told the NCLT that Go First has moved the Supreme Court to seek clarity over the orders passed by the high court and NCLT over the status of around 30 aeroplane and their engines.
Go First stopped flying on May 3, 2023, and approached voluntarily for initiation of CIRP against it, as it was unable to fly due to technical difficulties faced by the non-availability of engines from Pratt & Whitney.
On May 10, the NCLT admitted the plea of Go First to initiate voluntary insolvency resolution proceedings.
Last week, Go First’s RP had sought NCLT approval to refund Rs 597.54 crore to around 15.5 lakh passengers who booked tickets for travel on and after May 3.
On this, the NCLT had issued notice to the lenders and insolvency regulator IBBI.
(With inputs from Indu Bhan of ETBureau and PTI)
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