# In the matter of Dae (sy 22) 13 Ireland Designated Activity Company Vs Go Airlines (india) Ltd.

> HC judgment dated 2024-05-27. Citation: TCN-2024-HC-00085. The case involves a contempt petition filed by DAE (SY 22) 13 Ireland Designated Activity Company…

- **Court:** HC
- **Order date:** 27 May 2024
- **Citation:** TCN-2024-HC-00085
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/dae-sy-22-13-ireland-designated-activity-company-vs-go-airlines-0b525f5e

## Summary

### Background

The case involves a contempt petition filed by DAE (SY 22) 13 Ireland Designated Activity Company against Go Airlines (India) Ltd. The petitioner initially sought contempt proceedings against the respondent/RP. The court had issued a notice on 07.03.2024 to show cause why contempt proceedings should not be initiated. The respondent/RP filed an affidavit in reply, comprising approximately 500 pages. The corporate debtor, Go Air, was unable to resume commercial operations after July 2023, leading to financial difficulties.

## Facts

DAE (SY 22) 13 Ireland Designated Activity Company filed a contempt petition against Go Airlines (India) Ltd. The court issued a notice on 07.03.2024 to Go Airlines' Resolution Professional (RP) to show cause why contempt proceedings should not be initiated. The RP filed an affidavit in reply. Go Airlines was unable to resume commercial operations after July 2023, leading to a cash flow crisis. The petitioner, DAE, submitted that it no longer wished to pursue the contempt proceedings due to a judgment dated 26th April 2024 and the deregistration of its two aircraft. The affidavit filed by the petitioner was not on record but a hard copy was handed over to the court.

## Issues and analysis

### Issue 1: Whether the contempt proceedings initiated against the Respondent/RP should be continued given the …

**Ratio:** A court may discontinue contempt proceedings if the aggrieved party no longer wishes to

…

**Reasoning:** The petitioner stated that it did not wish to pursue the contempt proceedings due to a

…

**Interpretation:** The court interpreted the petitioner's change of heart as a valid reason to

…

**Application:** The court applied the principle that a party can withdraw from legal

…

## Parties

- **Judges:** Tara Vitast…
- **Appellants:** DAE (SY 22) 13…
- **Respondents:** Go Airlines…
- **Other parties:** Kohi…

## Timeline

- **2024-03-07 — Notice to Sho…**: Court issued notice to show cause as to why proceedings of contempt be not initiated…
- **2024-04-01 — Affidavit…**: An affidavit dated 01.04.2024 in reply with documents running into almost 500 pages has…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/dae-sy-22-13-ireland-designated-activity-company-vs-go-airlines-0b525f5e