# In the matter of Jet Airways (India) Ltd. IA No.686 & 766-MB-C-I-2022 In IA No. 686-MB-C-I-2022 In C.P. (IB) No. 2205-MB-C-I-2019

> NCLT judgment dated 2022-04-11. Citation: TCN-2022-NCLT-03278. The case involves an application (IA No. 766/2022) filed by Jet Aircraft Maintenance Engineers…

- **Court:** NCLT
- **Order date:** 11 Apr 2022
- **Citation:** TCN-2022-NCLT-03278
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/jet-airways-india-ltd-ia-no686-766-mb-c-i-2022-in-ia-no-686-mb-c-i-2022-in-cp-ib-e9d9548e

## Summary

### Background

The case involves an application (IA No. 766/2022) filed by Jet Aircraft Maintenance Engineers Welfare Association (JAMEWA), a registered trade union and stakeholder in the resolution process of Jet Airways (India) Ltd., the Corporate Debtor. JAMEWA sought to be impleaded as a party respondent in IA No. 686 of 2022 filed by the Resolution Applicant to oppose it. IA 686/2022 sought exclusion of time period from 17.01.2022 to 22.03.2022. The applicant relied on an order of NCLAT dated 14.02.2022 in Appeal No. 628 of 2020. The resolution plan for Jet Airways was approved on 22.06.2021.

## Facts

Jet Airways (India) Ltd. is undergoing a Corporate Insolvency Resolution Process (CIRP). A resolution plan for Jet Airways was approved on 22.06.2021. The resolution plan included conditions precedent that needed to be fulfilled for the plan to become effective. The Successful Resolution Applicant (SRA) was granted liberty to approach the Adjudicating Authority for extensions of time to fulfill these conditions. The initial effective date was tentatively set as the 90th day from the approval of the Resolution Plan, which was 22.09.2021. This date was later extended to 22.12.2021 and then to 22.03.2022. The Resolution Applicant filed IA No. 125 of 2022 related to expenses required for fulfilling the conditions precedent. The Jet Aircraft Maintenance Engineers Welfare

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## Issues and analysis

### Issue 1: Whether the Applicant, JAMEWA, should be allowed to intervene as a party respondent in IA No. 686 …

**Ratio:** A stakeholder in the Resolution Process having stake in the Corporate Debtor's assets has

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**Reasoning:** The Hon'ble NCLAT held that the Applicant had locus to challenge the order of this

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**Interpretation:** This principle acknowledges the rights of stakeholders, particularly those

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**Application:** The NCLT allowed JAMEWA to intervene in IA No. 686, recognizing their status as

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## Parties

- **Judges:** P.N. Deshmukh…; Sh. Kapal Kumar…
- **Appellants:** Jet Aircraft…
- **Respondents:** Jet Airways…; The Consortium of…
- **Advocates:** Vikas M…; Rahul Kam…; +10 more

## Timeline

- **2019-01-01 — Suspension…**: The Air Operator Certificate (AOC) of…
- **2021-06-22 — Approval of Resolution…**: The Resolution Plan for the Corporate…

## 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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