Looks like there is some respite for Go First lessors with the Delhi High Court has permitting them to inspect and carry out the maintenance of the 30 grounded aircraft and their parts at regular intervals.
The court has asked the Director General of Civil Aviation (DGCA) and the airports where they are parked to permit the lessors to access their aircraft in the next three days. The court has also restrained Go First's resolution professionals and employees from removing, replacing and taking out any part or component of the leased aircraft without the express permission of the lessors.
Delhi High Court had reserved judgment in a batch of petitions filed by lessors of Go First, seeking the deregistration of their aircraft. The plea was filed against the Director General of Civil Aviation (DGCA). During the hearing, DGCA argued that they had not rejected any lessor's applications for repossession due to a moratorium. The DGCA further stated that they neither support the lessors nor Go First in the dispute but are obligated to follow the court's orders.
The lawyers for the lessors argued that the relationship between an airline and the aircraft lessor is contractual and that tinkering with the terms of the contract would have consequences for the Indian aviation sector. They further argued that the settled principles of the relationship between the aircraft lessor and the airline cannot be modified without legal sanction.
Go First's Interim Resolution Professional (IRP) argued that the aircraft lessors initiated ‘parallel proceedings’ despite a clear directive from the National Company Law Appellate Tribunal (NCLAT) to approach the National Company Law Tribunal (NCLT) regarding the status of aircraft leases terminated before the moratorium.
Aircraft lessors, including Pembroke Aviation, Accipiter Investments Aircraft 2 Ltd, EOS Aviation, and SMBC Aviation, filed a writ petition with the Delhi High Court, seeking directions to release the planes leased to Go First.