# In the matter of Go Airlines (India) Limited

> NCLT judgment dated 2024-12-06. Citation: TCN-2024-NCLT-00094. The National Company Law Tribunal (NCLT), New Delhi, Court-V, is hearing several applications…

- **Court:** NCLT
- **Order date:** 6 Dec 2024
- **Citation:** TCN-2024-NCLT-00094
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/go-airlines-india-limited-155dbb61

## Summary

### Background

The National Company Law Tribunal (NCLT), New Delhi, Court-V, is hearing several applications related to the insolvency resolution process of Go Airlines (India) Limited. The applications include IA/5766/2024 regarding the amendment of the proposed liquidator's name, IA(Liq.)/33/2024 concerning CIRP Regulation 39B, RA/103/2024 seeking restoration of IA/1301/2024, IA/4193/2024 for filing a reply, and IA/3893/2024 seeking directions to the Resolution Professional to release a security deposit. The matters are being addressed in the context of the Insolvency and Bankruptcy Code (IBC), 2016.

## Facts

Go Airlines (India) Limited is undergoing an insolvency resolution process under Section 10 of the IBC. Several applications have been filed, including IA/5766/2024 to amend the name of the proposed liquidator, IA(Liq.)/33/2024 concerning CIRP Regulation 39B, RA/103/2024 seeking restoration of IA/1301/2024, IA/4193/2024 for filing a reply, and IA/3893/2024 seeking directions to the Resolution Professional to release a security deposit of Rs. 18,61,643. The Resolution Professional filed IA/5766/2024 after communication from the IBBI. IA/1301/2024 was dismissed due to the applicant's non-appearance. The applicant in IA/3893/2024 claims to have submitted Form B to the IRP on 24.05.2023, and the Resolution Professional has admitted the claim subject to further

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## Issues and analysis

### Issue 1: Whether the application IA/5766/2024 for amending the name of the proposed liquidator should be …

**Ratio:** Section 60(5) of the IBC, 2016 read with Rule 11 of NCLT Rules, 2016 allows for

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**Reasoning:** The tribunal considered the communication received from the IBBI, which necessitated the

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**Interpretation:** This interpretation allows for flexibility in the insolvency process to

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**Application:** The tribunal allowed the applicant to amend the requisite paragraph of

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; Sanjeev R…
- **Respondents:** Go Airlines…

## Timeline

- **2023-05-24 — Claim Subm…**: Applicant submitted its…
- **2024-09-10 — Dismissal of IA/1301/202…**: IA/1301/2024 was dismissed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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