The Directorate General of Civil Aviation (DGCA) on Tuesday, May 30, announced that it has temporarily halted the Go First lessors' request to repossess planes belonging to the troubled airline. Contrary to initial reports, the decision is not a rejection but rather a precautionary measure due to Go First's ongoing bankruptcy protection proceedings and a freeze imposed by bankruptcy laws on the airline's assets.
Under the provisions of the Cape Town Convention rules, which establish an international legal framework for aircraft financing and leasing, lessors typically have the right to repossess planes if lessees fail to fulfill their contractual obligations. However, the DGCS clarified that in the case of Go First, the airline's bankruptcy protection status takes precedence over these rules.
With Go First currently under bankruptcy protection, the freezing of the airline's assets is a necessary step to safeguard the interests of all stakeholders during the restructuring process.
The DGCS also stated that once the moratorium on the airline's assets is lifted, lessors can proceed with the de-registration of Go First aircraft if necessary. However, the exact timeline for the resolution of the bankruptcy protection proceedings and the subsequent lifting of the freeze remains uncertain.
On May 2, the budget carrier filed a petition for voluntary insolvency resolution proceedings, attributing its operational challenges to the non-delivery of engines by Pratt & Whitney, a prominent US engine manufacturer.
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