# In the matter of Go Airlines (India) Limited

> NCLT judgment dated 2024-09-10. Citation: TCN-2024-NCLT-00631. The National Company Law Tribunal (NCLT), New Delhi, Court-V, is hearing several Interlocutory…

- **Court:** NCLT
- **Order date:** 10 Sept 2024
- **Citation:** TCN-2024-NCLT-00631
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/go-airlines-india-limited-f35d4a01

## Summary

### Background

The National Company Law Tribunal (NCLT), New Delhi, Court-V, is hearing several Interlocutory Applications (IAs) related to the matter of Go Airlines (India) Limited under Section 10 of the Insolvency and Bankruptcy Code (IBC). These IAs involve various parties, including the applicant, resolution professional, and respondents. The applications seek directions to the Resolution Professional. Several applications were addressed in the order, with some being dismissed as infructuous or for non-prosecution due to prior orders from the Delhi High Court in W.P.(C) 6569 of 2023.

## Facts

Go Airlines (India) Limited is undergoing insolvency proceedings under Section 10 of the IBC. Several Interlocutory Applications (IAs) have been filed in connection with this matter, seeking various directions from the NCLT. The Resolution Professional is a key party, and many applications seek directions related to their actions. The Delhi High Court has issued an order in W.P.(C) 6569 of 2023, which has a significant impact on the IAs before the NCLT. Specifically, the reliefs sought in several IAs are already covered by the High Court's order, rendering those IAs infructuous. Some applications were dismissed because the applicant was not present during the hearing. The presence of counsels for the parties, including the applicant, respondent, and resolution

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## Issues and analysis

### Issue 1: Whether the reliefs sought in certain Interlocutory Applications are already covered by the …

**Ratio:** When the substantial prayers or reliefs sought in an application before the NCLT are

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**Reasoning:** The NCLT reasoned that since the Delhi High Court had already addressed the core issues

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**Interpretation:** This principle underscores the importance of judicial economy and the avoidance

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**Application:** The NCLT applied this principle to IAs IA/2944/2023, IA/3277/2023,

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## Parties

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

## Timeline

- **2023-04-26 — Delhi High Cou…**: The Hon'ble Delhi High Court passed an order in W.P.(C) 6569 of 2023, which significantly…
- **2024-09-10 — NCLT Ord…**: The NCLT, New Delhi, Court-V, issued an order addressing multiple Interlocutory…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 10 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-10)

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