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Go First Lessors May Examine Leased Aircraft Under NCLAT

<p>Jackson Square Aviation Ltd., a lessor with offices in Ireland, was given permission by the National Company Law Appellate Tribunal (NCLAT) on Thursday to check the planes it had leased to cash-strapped Go First.</p>
<p>This decision is in accordance with a similar finding made in the case of Engine Lease Finance BV, the first lessor to approach the tribunal, on August 18 in which it modified the National Company Law Tribunal’s (NCLT) July 26 order to allow the engine lessor to conduct inspections on four engines of aircraft leased to Go First.<img decoding=”async” class=”alignnone wp-image-155315″ src=”https://www.theindiaprint.com/wp-content/uploads/2023/09/theindiaprint.com-one-nation-one-poll-panel-has-a-difficult-task-since-there-are-18-states-with-varying-election-dates-and-rigid-opinions-gofirst-750×563.jpg” alt=”theindiaprint.com one nation one poll panel has a difficult task since there are 18 states with varying election dates and rigid opinions gofirst” width=”1469″ height=”1103″ srcset=”https://www.theindiaprint.com/wp-content/uploads/2023/09/theindiaprint.com-one-nation-one-poll-panel-has-a-difficult-task-since-there-are-18-states-with-varying-election-dates-and-rigid-opinions-gofirst-750×563.jpg 750w, https://www.theindiaprint.com/wp-content/uploads/2023/09/theindiaprint.com-one-nation-one-poll-panel-has-a-difficult-task-since-there-are-18-states-with-varying-election-dates-and-rigid-opinions-gofirst-1024×768.jpg 1024w, https://www.theindiaprint.com/wp-content/uploads/2023/09/theindiaprint.com-one-nation-one-poll-panel-has-a-difficult-task-since-there-are-18-states-with-varying-election-dates-and-rigid-opinions-gofirst-768×576.jpg 768w, https://www.theindiaprint.com/wp-content/uploads/2023/09/theindiaprint.com-one-nation-one-poll-panel-has-a-difficult-task-since-there-are-18-states-with-varying-election-dates-and-rigid-opinions-gofirst-150×113.jpg 150w, https://www.theindiaprint.com/wp-content/uploads/2023/09/theindiaprint.com-one-nation-one-poll-panel-has-a-difficult-task-since-there-are-18-states-with-varying-election-dates-and-rigid-opinions-gofirst.jpg 1200w” sizes=”(max-width: 1469px) 100vw, 1469px” title=”Go First Lessors May Examine Leased Aircraft Under NCLAT 3″></p>
<p>The NCLAT had issued its own instruction, requesting the Resolution Professional (RP) to arrange an inspection within 10 days, disagreeing with a provision of the NCLT’s decision that prohibited the lessor from checking the engines.</p>
<p>Favoring Go First, the NCLT declined to impose restrictions on its use of leased aircraft for operations since they are necessary for the airline to continue operating.</p>
<p>Jackson appealed the NCLT’s decision by filing a complaint against the airline’s RP, Shailendra Ajmera.</p>
<p>The high court prohibited struggling Go First from continuing with maintenance flights earlier this month after stating that planned maintenance does not include the operation of planes.</p>
<p>The RP hasn’t shown any feeling of urgency or an urgent substantial danger to the aircraft that would need the RP to quickly and unexpectedly operate them without prior warning, according to a bench of Justice Tara Vitasta Ganju.</p>
<p>“The respondent no.9/RP of Go Airlines has also not been able to show any urgency or any grave imminent threat to these aircraft to suddenly and without any prior notice, compel the respondent no.9 RP to fly these aircraft,” she had said.</p>
<p>“At first glance, the word “planned maintenance” cannot be interpreted to include operating the aircraft, even for non-commercial purposes. This means that respondent no. 9/RP of Go Airlines cannot operate these handling/maintenance flights at this time, the court had stated.</p>
<p>The top court dismissed the RP’s “misconceived” allegation that Go Airlines had flown two out of the ten aircraft, claiming that these flights were really part of an aircraft’s planned maintenance.</p>
<p>One of the lessors, SMBC Aviation Capital Ltd., submitted a motion claiming that the RP had flown two petitioners’ aircraft without the court’s approval in contravention of prior court instructions.</p>
<p>Go First’s aircraft lessors were given permission by Justice Ganju on July 5 to do maintenance and at least twice monthly inspections on their fleet. According to the above-mentioned ruling, the planes cannot be flown after the deregistration procedure has started, the plea’s argument went.</p>
<p>According to the Resumption Plan, which the Directorate General of Civil Aviation (DGCA) approved on July 21, the aircraft must be made flight ready immediately, and the airline must successfully complete any handling or maintenance flights, according to the RP’s legal counsel.</p>
<p>The interim injunction was prolonged until further orders by Justice Ganju, who had previously ordered on July 28 that the status quo be preserved regarding handling and non-revenue flights of the aircraft owned by the petitioner lessors until August 3.</p>
<p>Senior attorney Ramji Srinivasan represented the RP, who on the other hand, stated that they had filed an appeal with the Supreme Court in opposition to the division bench’s July 12 order refusing to interfere with Justice Ganju’s July 5 order allowing lessors to perform maintenance on their leased aircraft.</p>
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