# In the matter of Go Airlines India Limited vs. SMBC Aviation Capital Limited

> SC judgment dated 2023-08-07. Citation: TCN-2023-SC-00056. The case involves petitions for Special Leave to Appeal arising out of a final judgment and order…

- **Court:** SC
- **Order date:** 7 Aug 2023
- **Citation:** TCN-2023-SC-00056
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/go-airlines-india-limited-vs-smbc-aviation-capital-limited-75c349fc

## Summary

### Background

The case involves petitions for Special Leave to Appeal arising out of a final judgment and order dated 2023-07-12 passed by the High Court of Delhi in LPA Nos. 537/2023, 538/2023, 542/2023, 543/2023, 544/2023, 545/2023, 546/2023, and 547/2023. The petitions were called for hearing on 2023-08-07.

## Facts

Go Airlines India Limited filed petitions for Special Leave to Appeal against a final judgment and order passed by the High Court of Delhi in multiple LPA cases. SMBC Aviation Capital Limited is the respondent. Proceedings under Article 226 of the Constitution are pending before a Single Judge of the High Court of Delhi, and these petitions are being argued on a day-to-day basis. The Supreme Court considered the matter and dismissed the Special Leave Petitions, allowing the jurisdictional issues to be addressed by the High Court.

## Issues and analysis

### Issue 1: Whether the Supreme Court should grant Special Leave to Appeal against the High Court's judgment …

**Ratio:** The Supreme Court has the discretion to grant or deny Special Leave to Appeal under

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**Reasoning:** The Supreme Court reasoned that the jurisdictional issues sought to be raised in the

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**Interpretation:** The interpretation is that the Supreme Court is exercising judicial restraint

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**Application:** The ratio and reasoning are applied to the specific facts by dismissing the

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## Parties

- **Judges:** THE CHIEF J…; J.B. PARD…; +1 more
- **Respondents:** Go Airlines…; SMBC AVIATION…

## Timeline

- **2023-07-12 — High Court…**: The High Court of Delhi passed the impugned final judgment and order in LPA Nos.…
- **2023-08-07 — Supreme Court…**: The Special Leave Petitions were called on…

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