The Supreme Court has declined to entertain an appeal filed by the Resolution Professional (RP) of Go Airlines India Ltd, challenging a Delhi High Court order that permitted various lessors to conduct inspection and interim maintenance tasks on their aircraft, which are currently on lease with the crisis-hit Go First airline.
The apex court, led by Chief Justice of India DY Chandrachud, along with Justice JB Pardiwala and Justice Manoj Misra, stated that the arguments raised by Go First had already been presented before the Delhi High Court. As a result, the Supreme Court found no reason to intervene in the ongoing proceedings before the lower court.
CJI Chandrachud emphasized the redundancy of rehashing arguments before the single judge, stating, "At the end of the day, you have raised these arguments before the single judge. Why should we restrain the hearing before a single judge? Let the single judge decide. Why should we enter into this at this stage?"
The Delhi High Court had previously granted permission for lessors to undertake inspection and interim maintenance activities on their leased aircraft twice a month, pending the final disposal of their petitions to de-register these planes from the airline. The ruling emphasized the valuable and intricate nature of these aircraft, highlighting their requirement for regular maintenance.
In response to an appeal by Go Air, a division bench of the Delhi High Court later permitted Go First to carry out maintenance activities on the leased aircraft, subject to monthly inspections by the lessors.
However, the Supreme Court has now upheld the jurisdiction of the Delhi High Court to hear the case, stating that the matter falls within its purview despite involving the Insolvency and Bankruptcy Code. The grounded airline's plea to intervene was declined, with the Supreme Court affirming the advanced stage of proceedings before the Delhi High Court.
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