Delhi HC asks DGCA to deregister aircraft of Go First airline lessors in 5 working days

Go First airline: In a major blow to the bankrupt Go First airline, the Delhi High Court (HC) ordered the Directorate General of Civil Aviation (DGCA) to deregister all 54 lessor aircraft leased by the airline. The court asked the DGCA to process the lessors' applications for deregistration within five working days, which implies within the next week. 

The court ordered that all maintenance tasks in respect of the aircraft shall be undertaken by the lessors and all of 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, LiveLaw reported.

“The respondent DGCA will forthwith and no later than in the next five working days process the de-registration applications for the aircraft,” a single-judge bench of Justice Tara Vitasta Ganju noted on Friday, adding that the order applies to all 54 aircraft.

Besides, the DGCA and the Airport Authority of India (AAI) have been instructed to assist the lessors in accessing the airports for the purpose of exporting the aircraft.

Earlier backed by the Wadia Group, Go First filed for insolvency on May 2, 2023, and suspended flights on May 3, 2023.

The Resolution Professional (RP) of Go First has been restrained from replacing, taking out any accessories, spare parts, documents or any other material from the planes. 

The RP has been ordered to provide up to date information and documentation in relation to the aircraft to the lessors.

“..the respondent RP shall forthwith provide up to date information and documentation in relation to the aircraft and the petitioner lessors are permitted to export aircraft as per the Aircraft Act, Aircraft Rules and applicable laws,” the court said.

On July 5, 2023, the court had permitted the lessors to carry out inspection and interim maintenance tasks of their aircrafts, twice a month until final disposal of their pleas to de-register their planes from the airline.

The court had said that the lessors and its employees or agents shall be permitted by the DGCA and appropriate airport authorities to access the airport where their aircrafts were parked and to inspect them.

The lessors are Pembroke Aircraft Leasing 11 Limited, SMBC Aviation Capital Limited, Accipiter Investments Aircraft 2 Limited and EOS Aviation 12 (Ireland Limited), DAE SY 22 13 Ireland Designated Activity Company, SFV Aircraft Holdings Ire 9 DAC Limited, ACG Aircraft Leasing and GY Aviation Lease 1722 Co Limited.

Later, Go First moved an appeal against the order of the single judge. On the appeal, the division bench permitted the airline to carry out maintenance of the aircraft, subject to a monthly inspection by the lessors. The airline had then moved the Supreme Court appealing against the single-judge order which was rejected.