# In the matter of Go Airlines (India) Ltd. IB-323-ND-2023

> NCLT judgment dated 2023-05-31. Citation: TCN-2023-NCLT-03123. The case involves Shree Sai Rent A Car Pvt. Ltd. as the applicant/petitioner and Go Airlines…

- **Court:** NCLT
- **Order date:** 31 May 2023
- **Citation:** TCN-2023-NCLT-03123
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/go-airlines-india-ltd-ib-323-nd-2023-1336b5e7

## Summary

### Background

The case involves Shree Sai Rent A Car Pvt. Ltd. as the applicant/petitioner and Go Airlines (India) Ltd. as the respondent. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The Resolution Professional (RP) for the respondent submitted that the respondent had already been admitted to the Corporate Insolvency Resolution Process (CIRP) based on an order dated 10.05.2023 in Company Petition IB-264(PB)2023.

## Facts

Shree Sai Rent A Car Pvt. Ltd. filed a petition against Go Airlines (India) Ltd. under Section 9 of the IBC, 2016. The RP for Go Airlines (India) Ltd. informed the court that Go Airlines (India) Ltd. had already been admitted into CIRP based on an order dated 10.05.2023 in Company Petition IB-264(PB)2023. This prior admission to CIRP rendered the petition by Shree Sai Rent A Car Pvt. Ltd. unnecessary.

## Issues and analysis

### Issue 1: Whether the petition filed by Shree Sai Rent A Car Pvt. Ltd. should be disposed of, considering Go …

**Ratio:** When a company has already been admitted into CIRP, any subsequent petitions for the same

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**Reasoning:** The court reasoned that since Go Airlines (India) Ltd. was already undergoing CIRP based

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**Interpretation:** The interpretation is that once a company is undergoing CIRP, subsequent

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**Application:** In this case, the court applied the ratio by disposing of the petition filed by

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## Parties

- **Judges:** Sh. Ashok Kumar…; L. N. G…
- **Appellants:** Shree Sai Rent A…
- **Respondents:** Go Airlines…

## Timeline

- **2023-05-10 — Order for CIRP…**: Go Airlines (India) Ltd. was admitted into CIRP based on an order in Company Petition…
- **2023-05-31 — Order Del…**: The court disposed of the petition filed by…

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