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2023 (8) TMI 1126 - HC - Insolvency and BankruptcyMaintainability of application under Section 10 of the IBC - defaults in payment of lease rent by GoAir - interplay between the provisions of IBC, particularly the moratorium envisaged under Section 14 of IBC - legal obligations and rights derived from the Aircraft Rules as well as the lease agreements - Approval of resumption plan - HELD THAT:- Given the time-consuming nature of the approval process, the Court finds it prudent not to pass any judgement on the contentious issues outlined, at this juncture. The impugned interim directives primarily pertain to the inspection and maintenance of the aircrafts, which are designed to prevent cannibalisation and preserve their value and integrity - no severe prejudice would be inflicted upon GoAir in the event the matter is relegated to the learned Single Judge for final disposal of the writ petitions, especially in light of the fact that DGCA would require a minimum of fifteen days to decide on re-commencement of GoAir’s flights - it is deemed appropriate in the interest of justice to refrain from entertaining the appeals at this juncture. The learned Single Judge is however requested to endeavour to decide the writ petitions as expeditiously as possible, preferably on the next scheduled date of hearing. The pleadings have not been completed in the writ petitions. Accordingly, a week’s time is granted to GoAir as well as the DGCA to file their respective counter affidavits in the writ petitions pending before the learned Single Judge - Appeal disposed off.
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