Case Name: GO AIRLINES INDIA LIMITED v. SMBC AVIATION CAPITAL LIMITED| SLP(C) No. 16762-16769/2023
A bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra emphasized that Go First had already presented its arguments to the single judge of the Supreme Court and therefore there was no valid reason to restrain the ongoing proceedings before him.
The Apex Court on Monday declined to entertain an appeal filed by Resolution Professional Go Airlines India Ltd against the Delhi High Court. Therefore, the court found no reason to interfere with the pending proceedings before the Delhi High Court.
Noting the arguments raised by the lawyers, Chief Justice of India DY Chandrachud said, “Finally you have raised these arguments before a single judge.
Why should we limit hearings before a single judge? Let a single judge decide. Why should we get involved at this stage?”
The Hon’ble Supreme Court was hearing a plea filed by Go First Airlines challenging a Delhi High Court Division Bench order that upheld directions allowing aircraft lessors to access the airline’s aircraft.
On July 5, a single judge of the Supreme Court issued an interim order allowing aircraft lessors to access the aircraft they had leased to Go First Airlines. The single judge also allowed the lessors to carry out maintenance work on the aircraft.
On May 22, the National Company Law Appellate Tribunal upheld the order passed by the NCLT initiating corporate insolvency resolution proceedings against Go Airlines (India) Limited. Go First Airlines have stopped flying since May 3.
On May 10, NCLT Delhi admitted the plea and declared a moratorium on the company. He also ordered the company’s suspended board to work with the Interim Resolution Professional to ensure there are no layoffs.
As the lessors challenged the imposition of a moratorium on the leased aircraft when the lease was terminated before the CIRP, the NCLAT granted liberty to the IRP and the lessors to make applications to the NCLT in respect of their claims relating to the leased aircraft.
Name; SHREYA MODANWAL, Shambhunath Institute of Law, Jhalwa,Prayagraj., 3rd year student,intern under Legal Vidhiya.
