Go Air moves SC against Delhi HC order granting lessors access to aircraft

economictimes.indiatimes.com:

Go Airlines has moved the Supreme Court against an order of a Delhi High Court division bench, which had refused to interfere with a single judge's directions allowing aircraft lessors access to their planes leased to the bankrupt airline for inspection and maintenance. Senior advocate Ramji Srinivasan, appearing for the resolution professional (RP) of Go Airlines, informed Justice Tara Vitasta Ganju of the HC that the airline has filed an appeal against the division bench order and will try to get it listed on Friday or Monday.

Justice Ganju, however, proceeded with hearing of the lessors' petitions, saying the division bench has ordered an expeditious ruling on the lessors’ pleas for deregistration of their leased planes. Go Airlines, in its appeal filed through the RP, told the Supreme Court that the division bench, rather than modifying the order and asking the single judge to decide the case expeditiously, should have sent the matter to the National Company Law Tribunal (NCLT), which has already looked into the issue of termination of lease agreements and deregistration of aircraft.

The airline contended that the petitions filed by the lessors in the HC were not maintainable either in law or in fact and, therefore, should have been dismissed. It said the petitions being heard by the single judge arise out of and are related to the ongoing insolvency proceedings of Go Airlines.

Hence, under the Insolvency and Bankruptcy Code, the exclusive and overriding jurisdiction to decide the questions and the reliefs sought by the lessors vested with the NCLT only, said the airline, which operates under the Go First brand. Justice Ganju had on July 28 asked Go Airlines to maintain status quo on flying the aircraft of the