# In the matter of Go Airlines (India) Limited

> NCLT judgment dated 2024-10-15. Citation: TCN-2024-NCLT-00435. The document pertains to several Interlocutory Applications (IAs) filed in the National Company…

- **Court:** NCLT
- **Order date:** 15 Oct 2024
- **Citation:** TCN-2024-NCLT-00435
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/go-airlines-india-limited-28e87f5b

## Summary

### Background

The document pertains to several Interlocutory Applications (IAs) filed in the National Company Law Tribunal (NCLT), New Delhi, in the matter of Go Airlines (India) Limited. These IAs include IA(Liq.)/33/2024, IA/4193/2024, IA/4040/2024, IA/3893/2024, IA/3976/2024, IA/1640/2024, IA/3254/2023, IA/3942/2023, IA/4361/2023, and IA/5973/2023. The applications involve various issues, including directions to the Resolution Professional regarding claims and withdrawal of applications.

## Facts

Go Airlines (India) Limited is undergoing an insolvency resolution process under Section 10 of the Insolvency and Bankruptcy Code (IBC). Several Interlocutory Applications (IAs) have been filed before the NCLT in connection with this process. IA/4040/2024 was filed seeking directions to the Resolution Professional to admit a claim, but the applicant had not filed the complete claim amount initially. IA/3976/2024 sought withdrawal of IA/4361/2023. IA/1640/2024 sought liberty to withdraw the application to file their claim again with the Resolution Professional/Liquidator. IA/3254/2023 related to the possession of an engine leased by the applicant to the Corporate Applicant, but the possession was already given to the applicant due to an order by the Delhi High Court.

…

## Issues and analysis

### Issue 1: Whether the delay in filing the complete claim amount in IA/4040/2024 should be condoned and the …

**Ratio:** The ratio is based on the principles of equity and the need to ensure fair opportunity

…

**Reasoning:** The court reasoned that due to an inadvertent error, the applicant could not file the

…

**Interpretation:** The interpretation involves a flexible approach to procedural rules, allowing

…

**Application:** The court applied this ratio by directing the applicant to submit a revised or

…

## Parties

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

## Timeline

- **2024-10-15 — Order Del…**: Order delivered by the…
- **2024-11-08 — Continuation of…**: IA(Liq.)/33/2024 listed for…

## 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)

---

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/nclt-division-bench-court-i-chenn/go-airlines-india-limited-28e87f5b