New Delhi: The Delhi High Court on Friday directed the Directorate General of Civil Aviation (DGCA) to take immediate action on applications filed by several lessors to cancel the registrations of 54 of their aircraft so that they can take them back from the crisis-hit Go First airline.
The high court said the process would not be completed in more than five working days.
Justice Tara Vitasta Ganju restrained the resolution professional (RP) appointed under the insolvency law to manage the airline and its directors from taking away or transporting the planes or spare parts, documents, records and other material.
"The DGCA will immediately and within five working days act on the deregistration applications filed by the 54 aircraft," the court said.
The high court said that DGCA, AAI and its authorized representatives will assist the petitioner lessors and provide them access to the airports.It added that lessors are permitted to export aircraft as per applicable rules and regulations.
"DGCA will facilitate export of the aircraft by providing export certificate and all other documents," it said.
The high court ruled on pleas by several lessors seeking de-registration of their planes by aviation regulator DGCA so that they can take them back from the airlines.
After the verdict was pronounced, counsel for some of the defendants urged the court to keep its directions in abeyance for a week.
However, the judge refused to do so and said, "You find another court to adjudicate on my instructions".Several aircraft lessors of Go First had earlier approached the single judge seeking de-registration of their aircraft by aviation regulator DGCA so that they can be taken back from the airline.
Earlier, the NCLT-appointed resolution professional, which was handed over the management of Zee First, had told the high court that returning the aircraft to the lessors would "defund" the airline, which has 7,000 employees to look after.
On May 10, 2023, the National Company Law Tribunal (NCLT) had accepted the airline's voluntary bankruptcy resolution petition and appointed an interlocutory resolution professional to manage the carrier.
With a moratorium on financial obligations and transfer of assets of GFirst in view of the insolvency resolution proceedings, the lessors were unable to deregister and repossess the aircraft leased to the carrier.
The lessees had earlier told the court that the DGC's refusal to cancel the registration was "illegitimate".Some of the lessors that have approached the High Court are: Acquiet Investments Aircraft 2 Ltd, EOS Aviation 12 (Ireland) Ltd, Pembroke Aircraft Leasing 11 Ltd, SMBC Aviation Capital Ltd, SFV Aircraft Holdings IRE 9 DAC Ltd, ACG Aircraft Leasing Ireland Ltd and DAE SY22 1 Ireland Designated Activity Company.
Apart from this, GY Aviation Lease 1722 Company Limited, Jackson Square Aviation Ireland Limited, SK High XCV Leasing Company Limited, Star Rising Aviation 13 Limited, Bluesky 31 Leasing Company Limited and Bluesky 19 Leasing Company Limited have also approached the High Court.
Go First ceased flights from May 3, 2023.
The high court said the process would not be completed in more than five working days.
Justice Tara Vitasta Ganju restrained the resolution professional (RP) appointed under the insolvency law to manage the airline and its directors from taking away or transporting the planes or spare parts, documents, records and other material.
"The DGCA will immediately and within five working days act on the deregistration applications filed by the 54 aircraft," the court said.
The high court said that DGCA, AAI and its authorized representatives will assist the petitioner lessors and provide them access to the airports.It added that lessors are permitted to export aircraft as per applicable rules and regulations.
"DGCA will facilitate export of the aircraft by providing export certificate and all other documents," it said.
The high court ruled on pleas by several lessors seeking de-registration of their planes by aviation regulator DGCA so that they can take them back from the airlines.
After the verdict was pronounced, counsel for some of the defendants urged the court to keep its directions in abeyance for a week.
However, the judge refused to do so and said, "You find another court to adjudicate on my instructions".Several aircraft lessors of Go First had earlier approached the single judge seeking de-registration of their aircraft by aviation regulator DGCA so that they can be taken back from the airline.
Earlier, the NCLT-appointed resolution professional, which was handed over the management of Zee First, had told the high court that returning the aircraft to the lessors would "defund" the airline, which has 7,000 employees to look after.
On May 10, 2023, the National Company Law Tribunal (NCLT) had accepted the airline's voluntary bankruptcy resolution petition and appointed an interlocutory resolution professional to manage the carrier.
With a moratorium on financial obligations and transfer of assets of GFirst in view of the insolvency resolution proceedings, the lessors were unable to deregister and repossess the aircraft leased to the carrier.
The lessees had earlier told the court that the DGC's refusal to cancel the registration was "illegitimate".Some of the lessors that have approached the High Court are: Acquiet Investments Aircraft 2 Ltd, EOS Aviation 12 (Ireland) Ltd, Pembroke Aircraft Leasing 11 Ltd, SMBC Aviation Capital Ltd, SFV Aircraft Holdings IRE 9 DAC Ltd, ACG Aircraft Leasing Ireland Ltd and DAE SY22 1 Ireland Designated Activity Company.
Apart from this, GY Aviation Lease 1722 Company Limited, Jackson Square Aviation Ireland Limited, SK High XCV Leasing Company Limited, Star Rising Aviation 13 Limited, Bluesky 31 Leasing Company Limited and Bluesky 19 Leasing Company Limited have also approached the High Court.
Go First ceased flights from May 3, 2023.
