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Suspended board of Go First files caveats in Supreme Court against aircraft lessors
Go First

Suspended board of Go First files caveats in Supreme Court against aircraft lessors

| @indiablooms | 23 May 2023, 11:21 pm

New Delhi/IBNS/UNI: Suspended board of Go First on Tuesday filed caveats before the Supreme Court of India, against four aircraft lessors of the crisis-hit airline, a lawyer, who appeared in NCLAT and NCLT Court for Go First in the matter, said.

A caveat is a legal document filed by one of the parties in a case, in a court of law, to ensure that if an aggrieved party filed any plea for relief, then without hearing the caveator, the court concerned cannot pass any order in the matter.

Caveats have been filed in the Supreme Court, by Varun Berry, the Chairman of the suspended board of Go First, the lawyer of Go First further said.

"This filing of caveat essentially means that the court concerned cannot pass any order without hearing the caveator," the lawyer said.

Caveats have been filed against the May 22 order passed by the National Company Law Appellate Tribunal (NCLAT) on Monday, which upheld the order passed by the Delhi bench of the NCLT (National Company Law Tribunal) on May 10.

The four lessors are SMBC Aviation Capital Ltd, GY Aviation, SFV Aircraft Holdings, and Engine Leasing Finance BV (ELFC). These lessors had lost their cases in the NCLAT Court.

When asked whether the aggrieved party will come to SC, or not, the lawyer said, they may come, as it is the highest court in the country.

"Keeping in view the urgency and importance of the case, they may come to SC," the lawyer further said.

"The joint caveat is related to Go First airlines," said the registry official, who has knowledge and experience in handling cases, cause lists, and review/ curative petitions and PILs.

The NCLAT in its order on Monday, upheld the NCLT order which had admitted Go First Airline's voluntary plea for insolvency and interim protection under a moratorium.

The NCLAT in its order refused to allow lessors to take back possession of the aircraft. It had asked the IRP and the appellant (the four lessors/firms) to approach the adjudicating authority for any further relief they want.

The NCLAT, which had reserved its order on May 15, passed the order after hearing a batch of pleas filed by these 4 lessors -- SMBC Aviation Capital Ltd, GY Aviation, and SFV Aircraft Holdings.

In another development in the same matter, another lessor had approached the Delhi High Court, in which its judge Justice Pratibha M Singh is likely to take up the plea on Wednesday.

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