# In the matter of Go Airlines (India) Limited

> NCLT judgment dated 2023-07-31. Citation: TCN-2023-NCLT-02276. The application, New IA/3942/2023, was filed under Section 60(5) of the IBC, 2016, seeking…

- **Court:** NCLT
- **Order date:** 31 Jul 2023
- **Citation:** TCN-2023-NCLT-02276
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/go-airlines-india-limited-682ffe19

## Summary

### Background

The application, New IA/3942/2023, was filed under Section 60(5) of the IBC, 2016, seeking permission to make payments of refunds to the passengers of the Corporate Debtor whose airline tickets were cancelled. The court heard the submissions made by the Ld. Counsel for the Resolution Professional.

## Facts

Go Airlines (India) Limited is the Corporate Debtor. An application, New IA/3942/2023, was filed under Section 60(5) of the IBC, 2016, seeking permission to make payments of refunds to the passengers of the Corporate Debtor whose airline tickets have been cancelled. The Resolution Professional's counsel made submissions. The court issued notice to the IBBI and the CoC to file a response. The Resolution Professional may discuss the matter with the CoC. The matter is listed on 07.08.2023.

## Issues and analysis

### Issue 1: Whether the court should grant permission to make payments of refunds to the passengers of the …

**Ratio:** Section 60(5) of the IBC, 2016 provides the NCLT with jurisdiction to entertain any

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**Reasoning:** The court considered the submissions made by the Ld. Counsel for the Resolution

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**Interpretation:** Section 60(5) of the IBC, 2016 is interpreted to provide the NCLT with broad

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**Application:** The court applied Section 60(5) by considering the application for permission

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; RAHUL BHA…
- **Respondents:** Go Airlines…; IBBI…

## Timeline

- **2023-07-31 — Order Del…**: Order delivered by the…
- **2023-08-07 — Matter L…**: The matter is listed…

## 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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