It further noted that the provisions on registration/deregistration of an Aircraft are subject matter of the Aircraft Act and Aircraft Rules and the lessors had approached the HC alleging a “failure” on part of the DGCA to “comply with these provisions and are well within their rights to do so”. The Petitioners before the Court seek a writ of mandamus against the Respondent/DGCA for breaching its duty as prescribed in the Aircraft Act and are well within their rights to do so,” Justice Ganju said. The argument which is raised by the Respondents qua adjudication of the disputes before the NCLT and that this Court under its inherent powers in Article 226 of the Constitution of India should not interfere with the CIRP process, cannot be sustained. “Further…upon termination of the Lease Agreements by the Petitioners, constructive possession of all 30 Aircrafts was taken by the Petitioners on 02/, in terms of the provisions of the Lease Agreements. “Thus, prima facie, the IRP is not required to take control of the same under the provisions of the IBC,” the HC observed. It further said that 30 aircrafts are “assets‟ owned by the petitioners which were previously under a lease agreement with the “corporate debtor”. The court agreed with the submissions of the lessors that the NCLT “does not have the power of judicial review over administrative action”. The court however said that these directions are passed in the interim applications and shall not impact the merits of these main writ petitions. The court also restrained GoAir’s directors, IRP/RP’s or anyone on its behalf from “removing, replacing, taking out any accessories, parts, components or spares, etc…Manuals /records, documentation from any of the 30 Aircraft, except with prior written approval of the Lessor of such Aircraft”. The court further directed that the petitioners shall be permitted to “carry out inspection and all maintenance tasks of the Aircraft, its engines and other parts and components, of all 30 Aircrafts at least twice every month, until the final disposal of the Writ Petitions”. With a view to “obviate” any further losses the HC thereafter directed, “Petitioners, their employees, agents, officers…shall be permitted by the Respondent/DGCA and the appropriate Airport Authorities to access the Airport(s) where the 30 Aircrafts are parked…to inspect their respective Aircrafts, within the next 3 days”.
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