Supreme Court rejects Go First's appeal against Delhi High Court order allowing access to aircraft [7.8.2023]

The Supreme Court on Monday dismissed Go First’s resolution professional appeal against the Delhi High Court’s single-judge order, which permitted lessors access to the aircraft in the possession of the financially troubled airline.

The apex court stated that as the matter was already being extensively argued daily before the Delhi High Court, it would not be appropriate for the top court to interfere.

“The proceedings are pending before the Delhi High Court, where petitions are being argued on a day-to-day basis. We are not entertaining this at the present stage. Let the jurisdictional issues also be addressed before the single judge,” the Bench, comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, said.

Go First had challenged the division Bench order of the Delhi High Court in the Supreme Court on August 2. The disputed order upheld a single judge’s ruling allowing the crisis-hit airline’s lessors to inspect the aircraft.

Last Thursday, the lessors informed HC that future aircraft leasing would be jeopardised if the Directorate General of Civil Aviation (DGCA) fails to deregister the aircraft whose leases have been terminated.

Senior Advocate Mukul Rohatgi, representing one of the lessors, pointed out that the involuntary retention of their aircraft reflects negatively on the Indian aviation sector. He also noted that while the civil aviation regulator has not outrightly rejected their request for deregistration, it has been placed in abeyance due to the ongoing moratorium.


08 Aug 2023