Rama Krishna Sangem
In a set back to the beleaguered Go First, the Delhi High Court on April 26, Friday directed the civil aviation regulator to deregister planes leased to the airlines within five working days, giving respite to the lessors. This means that the airline will have to give back all 54 aircraft to the lessors if its resolution professional (RP) does not challenge the order or ask for a stay.
Justice Tara Vitasta Ganju also refused the request of the RP, represented by advocate Diwakar Maheshwari, to keep the operation of the order in abeyance for a week to enable them to file an appeal before the division Bench of the court The five days will start from Monday, so you have time to approach the court,” Justice Ganju said.
Disposing of a batch of pleas moved by the lessors, Justice Ganju also set aside the communication letters issued by the Director General of Civil Aviation (DGCA) declining to process new registration applications of the lessors.
Go First restrained
The court ordered that all maintenance tasks in respect of the aircraft will be undertaken by the lessors and all their authorised representatives up to and until the time the aircraft are de-registered and exported, in pursuance of Rule 32A of the Aircraft Rules. “The respondent DGCA and the respondent Airport Authority of India (AAI) shall assist the petitioner lessors and grant them access to the airports…” the court said.
The court also restrained the airline and its representatives from accessing or entering or in any manner operating or flying any of the aircraft. The RP and Go First have also been restrained from removing, replacing, and taking out accessories, spare parts, documents, records, materials, etc from the aircraft.
The RP has to furnish details regarding the maintenance of the aircraft to the lessors. The AAI will now have to communicate with the lessors regarding export of aircraft and airworthiness of the equipment. Lessors who do not wish to export their aircraft can move the court to take appropriate steps.
The Delhi HC’s order is a sort of negative news to aviation sector at a time when summer traffic is expected to increase
