Go First moves Supreme Court against Delhi High Court nod to aircraft lessors to access planes

Go First Airlines has approached the Supreme Court against the Delhi High Court Division Bench order refusing to interfere with the single-judge's directions allowing aircraft lessors access to the planes they had leased to the airline..Senior Advocate Ramji Srinivasan appeared for the Resolution Professional of Go First before Delhi High Court's Justice Tara Vitasta Ganju and said that they have preferred an appeal against the Division Bench order. "We are trying to get it listed on Friday or Monday," he added.Justice Ganju, however, proceeded with hearing of the lessors' petitions. The Court is hearing the arguments to decide the matter finally. .On July 5, the High Court had passed an interim order allowing aircraft lessors access to the planes they had leased out to Go First Airlines. The Court had also allowed the lessors to carry out maintenance work on the planes.Go First challenged this order before the Division Bench. A Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula refused to interfere with the order, but asked the single-judge to decide the matter expeditiously.The Division Bench also modified one of the directions to the extent that Go First can carry out all maintenance tasks of the aircrafts, their engines and other parts and components..Several aircraft lessors approached the High Court stating that they had filed applications for the de-registration of their aircrafts, but the same were rejected by the Directorate General of Civil Aviation (DGCA).It was argued that the Insolvency and Bankruptcy Code (IBC) did not have relevant provisions for dealing with cases pertaining to de-registration, and hence, even bankruptcy tribunals were not competent to hear their pleas..The matter arose after Go First moved the National Company Law Tribunal (NCLT) in Delhi to initiate the corporate insolvency resolution process under the IBC.The NCLT Delhi had, on May 10, admitted the plea and declared a moratorium for the company. It also directed the company's suspended board of directors to co-operate with the Interim Resolution Professional to ensure there are no layoffs.The NCLT's decision was upheld by the National Company Law Appellate Tribunal (NCLAT) in an order pronounced on May 22.