# In the matter of Go Airlines (India) Ltd.

> NCLT judgment dated 2024-08-21. Citation: TCN-2024-NCLT-00771. Mack Star Marketing Private Limited filed an application under Section 60(5) of the Insolvency…

- **Court:** NCLT
- **Order date:** 21 Aug 2024
- **Citation:** TCN-2024-NCLT-00771
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/go-airlines-india-ltd-d21f95b8

## Summary

### Background

Mack Star Marketing Private Limited filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking directions to the resolution professional to handover physical possession of property situated in Andheri, Mumbai. The applicant had entered into two leave and license agreements with Go Airlines (India) Limited for Units 401, 402, 403, and 404 in a commercial building named 'Kaledonia'. Disputes arose regarding the payment of license fees, leading to the termination of the agreements by the applicant. Go Airlines initiated CIRP proceedings, and the applicant informed the Resolution Professional about the termination of the license agreements. The applicant sought vacation of the premises and payment of outstanding dues.

## Facts

Mack Star Marketing Private Limited (Applicant) and Go Airlines (India) Limited (Respondent/Corporate Debtor) entered into two leave and license agreements on 18.07.2018 and 18.02.2022 for Units 401, 402, 403, and 404 in the 'Kaledonia' building. The Respondent was required to pay license fees subject to TDS. The Respondent paid a security deposit. The Applicant waived license fees for two months and offered discounts on the license fee. A discount agreement was executed on 18.02.2022. The Applicant continued to accept discounted license fees even after the agreed discounts expired. The Applicant issued a default notice on 08.09.2022 and terminated the license agreements with effect from 09.10.2022. The Respondent filed a Section 10 Petition under the Insolvency and

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## Issues and analysis

### Issue 1: Whether the Applicant waived its right under the Termination Notice dated 11.10.2022 by its conduct …

**Ratio:** Section 63 of the Indian Contract Act, 1872 provides for the Doctrine of waiver, wherein

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**Reasoning:** The Applicant issued a termination notice on 11.10.2022 and subsequently raised invoices

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**Interpretation:** Waiver involves the voluntary relinquishment of a known legal right, evincing

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**Application:** The court inferred from the conduct of the Applicant that it had voluntarily

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## Parties

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

## Timeline

- **2018-07-18 — First Leave and License…**: Applicant entered into a leave and license agreement with the Respondent for Units 402 &…
- **2022-02-18 — Second Leave and…**: Applicant entered into a leave and license agreement with the Respondent for Units 401 &…

## 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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