The NCLAT has allows Go Airlines to conduct inspection of the leased engines.
The Appeal has been filed against the order dated 26.07.2023 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi. The Appellant, Go Airlines is a lessor of the aircraft engines which was leased out to Go Airlines.
Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor and thereafter in pursuance of the liberty granted by this Tribunal, IA No.3048 of 2023 was filed by the Appellant.
It was submitted by the Appellant that above was interim prayer and there were other prayers in the Application which are engaging attention of the Adjudicating Authority for consideration. Learned Counsel for the Appellant challenging the order contends that the Appellant has prayed for an interim direction to permit the Appellant to inspect the engines which prayer was opposed on behalf of the Resolution Professional.
The Appellant submits that there were Writ Petitions filed in Delhi High Court by Aircraft lessors in which an order was passed by Learned Single Judge has issued a direction to the Respondents of that Writ Petition to permit inspection of the Aircraft.
Ramji Srinivasan, Senior Counsel appearing for the Respondent submits that insofar as all issues are concerned, they are coming before the Adjudicating Authority for consideration on 01.09.2023 and all prayers in the IA filed by the Appellant and other lessors are yet to be considered.
It is submitted that the observations made in the impugned judgment are only at prima facie stage and cannot be treated as final expression of opinion by the Adjudicating Authority which is yet to be considered and decided.
The court noted that the order of the Adjudicating Authority insofar as it refuses inspection to the Appellant need not be approved.
“We are of the view that inspection be permitted within 10 days from today. As observed above, the observations made in the impugned order being at prima facie stage need not be treated as final expression of opinion by the Adjudicating Authority and all contention of both the parties are left open,” the tribunal said.
Case Title: Engine Lease Finance B.V Vs. Resolution Professional of Go Airlines (India) Ltd.