In a significant decision, the Delhi High Court has taken a firm stance against the conduct of Go First airlines of maintenance flights, amid the airline’s ongoing crisis. The court has barred the airline from conducting such flights, ruling that scheduled maintenance cannot be used as a reason to include the flying of aircraft. The resolution professional’s plea to fly non-commercial flights for maintenance purposes without prior notice has been rejected by the court.
Justice Tara Vitasta Ganju ordered Go First Airlines to maintain the status quo regarding the handling of non-revenue flights of the petitioner lessor’s aircraft until further orders. This decision comes after the court previously directed the airline to maintain the status quo until August 3.
The court considered the resolution professional’s claim that two of the ten aircraft had been flown as part of scheduled maintenance activity but deemed it “misconceived.” The judge emphasized that flying the aircraft, even for non-commercial purposes, cannot be categorized as scheduled maintenance.
The recent court action was initiated by an application filed by SMBC Aviation Capital Limited, one of the lessors of aircraft, which alleged that Go First Airlines flew two aircraft owned by the petitioners without court permission, despite earlier directions from the court.
The resolution professional argued that the Resumption Plan approved by the Directorate General of Civil Aviation (DGCA) urgently required the aircraft to be flight-ready and undertake handling or maintenance flights. However, the court ruled that the resolution professional cannot continue with maintenance flights at this stage.
In an interim order on July 5, the single judge had previously allowed the lessors to inspect their aircraft at least twice a month and conduct maintenance work. The order was passed following petitions by several lessors seeking de-registration of their planes by the DGCA.
The Delhi High Court’s recent decision sends a clear message about the necessity of adhering to court orders and the importance of ensuring transparency and compliance in such critical matters. The ruling aims to safeguard the interests of all parties involved and maintain stability amidst Go First airline’s ongoing crisis.
