# In the matter of Jet Airways (India) Limited IA No. 1862, 2125, 2248 & 2449-MB-2020 in CP (IB) No.2205-MB-2019

> NCLT judgment dated 2021-02-22. Citation: TCN-2021-NCLT-02961. The case involves multiple applications (IA No. 1862, 2125, 2248, and 2449/MB/2020) filed by…

- **Court:** NCLT
- **Order date:** 22 Feb 2021
- **Citation:** TCN-2021-NCLT-02961
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jet-airways-india-limited-ia-no-1862-2125-2248-2449-mb-2020-in-cp-ib-no2205-mb-2-02b9e2f2

## Summary

### Background

The case involves multiple applications (IA No. 1862, 2125, 2248, and 2449/MB/2020) filed by various unions and associations representing employees and officers of Jet Airways (India) Limited, the Corporate Debtor, which is undergoing Corporate Insolvency Resolution Process (CIRP) under Section 7 of the Insolvency and Bankruptcy Code, 2016. State Bank of India initiated the CIRP. The applications seek directions to the Resolution Professional (RP) to furnish copies of the resolution plan approved by the Committee of Creditors (CoC) and to allow the applicants to participate in the hearings for the approval of the resolution plan. The RP opposed the applications, citing confidentiality and the limited role of operational creditors in the resolution process.

## Facts

State Bank of India initiated Corporate Insolvency Resolution Process (CIRP) against Jet Airways (India) Limited under Section 7 of the Insolvency and Bankruptcy Code, 2016. The CIRP was initiated after Jet Airways defaulted on its financial debt. Ashish Chhawchharia was appointed as the Resolution Professional (RP). The Committee of Creditors (CoC) approved a resolution plan submitted by ‘JALAN and FRITCH Consortium' with 99.22% of votes. Several unions and associations representing employees and officers of Jet Airways, including National Aviators' Guild (NAG), Jet Aircraft Maintenance Engineers Welfare Association (JAMEWA), Bhartiya Kamgar Sena (BKS), and All India Jet Airways Officers' and Staff Association (AIJAOSA), filed applications seeking copies of the

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## Issues and analysis

### Issue 1: Whether the applicant unions and associations, representing employees and officers of the Corporate …

**Ratio:** The Insolvency and Bankruptcy Code, 2016, and related regulations emphasize the

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**Reasoning:** The NCLT reasoned that the Code provides a detailed procedure for the submission,

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**Interpretation:** The NCLT interpreted the provisions of the Code and related regulations to mean

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**Application:** The NCLT applied the ratio and reasoning to the specific facts of the case,

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## Parties

- **Judges:** Janab Mohammed…; V. Nallasen…
- **Appellants:** National Aviators'…
- **Respondents:** Jet Airways…; Ashish Chhawchhari…
- **Advocates:** Jane…; Subha Ni…; +10 more

## Timeline

- **2019-06-20 — Company Petition…**: The Tribunal admitted the Company Petition and…
- **2020-03-18 — CIRP Period E…**: The period of CIRP was extended up to 13/06/2020 by order dated 18/03/2020 in IA No. 918…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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