# In the matter of Go Airlines (India) Limited

> NCLT judgment dated 2023-07-31. Citation: TCN-2023-NCLT-02255. 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-02255
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/go-airlines-india-limited-994e46bf

## 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 have been cancelled. The court heard the submissions made by the Ld. Counsel for the Resolution Professional and issued a notice to the Respondent IBBI and also to the CoC for filing their response and appearance.

## 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 passengers whose airline tickets were cancelled. The Resolution Professional's counsel made submissions. The court issued notices to the IBBI and the CoC to file their response and appearance. The Resolution Professional may take up 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 the authority to deal with any question

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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 allow the NCLT to adjudicate

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**Application:** The court applied Section 60(5) to the facts of the case, where the Resolution

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; RAHUL BHA…
- **Respondents:** Go Airlines…; IBBI…
- **Advocates:** Ramji Srin…; Vishnu Sh…; +4 more

## Timeline

- **2023-07-31 — Order Del…**: Order delivered on 31.07.2023…
- **2023-08-07 — Matter L…**: The matter is listed for further…

## 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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