Delhi High Court in Go First Case: Issues Notice to Lessors, Directorate General of Civil Aviation & Resolution Professional

Delhi High Court in Go First Case: Issues Notice to Lessors, Directorate General of Civil Aviation & Resolution Professional

The Delhi High Court has issued a formal notice to the lessors of debt-ridden airline Go First, its resolution professional (RP) and the aviation regulator Directorate General of Civil Aviation (DGCA) after the lessors expressed their objection making lenders party in their deregistration pleas.

The lessors contended that the lenders were neither proper nor necessary parties. Therefore, to examine the issue further, the Court deemed appropriate to issue a formal notice.

Earlier on 26th May, aircraft lessors - Pembroke Aircraft Leasing 11 Ltd, SMBC Aviation Capital Ltd, Accipiter Investments Aircraft 2 Ltd and EOS Aviation 12 (Ireland) Ltd, SFV Aircraft Holdings IRE 9 DAC Ltd, ACG Aircraft Leasing Ireland Ltd and DAE SY 22 13 Ireland Designated Activity Company - had appeared before the High Court to sought for a deregistration of their planes by the DGCA to take them back from the airline.

In May Go Airlines, which ran the Go First carrier, had filed for bankruptcy protection accusing Pratt & Whitney for supplying ‘faulty’ engines for the grounding of about half its 54 Airbus A320neos. The Raytheon-owned engine maker contended that the claims in question were without merit.

In July 2023, the company had invited investor interest in the company through a Court-appointed administrator. Subsequently, it was decided that the last date to submit an expression of interest (EOI) is till 9 August, 2023.

Moreover, on July 21, the DGCA had accepted debt-laden airline Go First's resumption plan subject to conditions, including scheduled flight operations that will be approved for commencement only after the availability of the required interim funding and approval of flight schedule by the regulator.

the aviation regulator's notification stated, “Accordingly, Go First, as a going concern, may commence flight operations subject to the conditions including compliance of all the applicable regulatory requirements for holding an Air Operator Certificate shall be ensured at all times. Continuing airworthiness of the aircraft engaged in operations shall be ensured at all times.”

The notification further stipulated that no aircraft shall be deployed for operations without undertaking a satisfactory handling flight. Any change in the company which has a bearing on the resumption plan submitted by the RP shall be promptly notified to the DGCA.