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Go First row: Delhi HC judge recuses from hearing lessors' pleas to deregister leased aircraft
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IANS | 25 May, 2023
Delhi High Court's Justice Pratibha M. Singh on Thursday recused herself
from hearing pleas by lessors - Pembroke Aircraft Leasing 11 Ltd, SMBC
Aviation Capital Ltd, Accipiter Investments Aircraft 2 Ltd and EOS
Aviation 12 (Ireland) Ltd - seeking to de-register their aircraft
currently on lease with the cash-strapped airline Go First.
In
a major blow to its passengers, the low-cost airline stopped flying on
May 3 and is undergoing voluntary insolvency resolution proceedings
before the National Company Law Tribunal (NCLT). The airline has around
5,000 employees.
Justice Singh recused herself from hearing the
pleas and ordered that they be listed for hearing before another bench
on Friday.
The lessors' contention is that Go First has no right to use their aircraft as the leases concerning them have been terminated.
The
National Company Law Appellate Tribunal on Monday upheld the insolvency
proceedings against Go First in a setback to efforts of its lessors to
repossess their aircraft.
Upholding the NCLT's May 10 order, the
appeals tribunal disposed of the lessors' petition and asked them to
file an appeal before the NCLT. The airline had approached the NCLT "due
to the ever-increasing number of failing engines supplied by Pratt
& Whitney's International Aero Engines, which has resulted in Go
First (airline brand) having to ground 25 aircraft (equivalent to
approximately 50 per cent of its Airbus A320neo aircraft fleet) as of
May 1, 2023".
"The percentage of grounded aircraft due to Pratt
& Whitney's faulty engines has grown from 7 per cent in December
2019 to 31 per cent in December 2020 to 50 per cent in December 2022.
This is despite Pratt & Whitney making several ongoing assurances
over the years, which it has repeatedly failed to meet," Go Airlines had
said.
According to Go Airlines, it has been forced to apply to
the NCLT after Pratt & Whitney, the exclusive engine supplier for
its Airbus A320neo aircraft fleet, refused to comply with an award
issued by an emergency arbitrator appointed in accordance with the 2016
Arbitration Rules of the Singapore International Arbitration Centre
(SIAC).
The respondents in the instant case include Union of India and Director General of Civil Aviation.
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