I’ve been watching the Go First bankruptcy proceeding but have yet to say much about it because it has been a lot of legal tit-for-tat, not affecting the consumer. However, a few important things happened over the past few weeks, and I wanted to recap it in one post.

On May 2, 2023, Go First announced the cancellation of flights and their plan to file for insolvency given the ongoing Pratt & Whitney engine issues on their Airbus A320neo aircraft. On May 10, the NCLT imposed a moratorium and appointed an Interim Resolution Professional (IRP). On June 9, the Committee of Creditors (CoC) appointed Shailendra Ajmera as the Resolution Professional for Go First, which NCLT approved on June 15.

The RP presented the resumption plan to DGCA on June 28, following which a special audit of Go First facilities was conducted at Mumbai and Delhi from July 4-6, 2023. The audit focused on the safety-related aspects and continued compliance with the requirements by an operator to hold an Air Operator Certificate, as well as on the physical verification of the arrangements made for the resumption of flight operations.

DGCA accepts Go First’s Plans to resume operations

On July 21, DGCA accepted Go First’s resumption plan for starting 114 flights with 15 aircraft after making initial observations. The nod from the DGCA was subject to any outcome of the writ petitions/applications pending before the Delhi High Court and NCLT about its restart and any matters that may affect the restart.

Go First may resume scheduled flight operations on the availability of interim funding and approval of flight schedules by DGCA. Further, Go First has been directed to ensure compliance with all the applicable regulatory requirements, ensure the continued airworthiness of the aircraft engaged in operations and subject every aircraft to a satisfactory handling flight prior to deployment for flight operations.

Go First initiates handling flights.

Go First, after receiving this permission from the NCLT, initiated the process of operating handling flights, which essentially are perhaps to check if the aircraft is in good order and in a condition to operate flights. The first of these flights was done on July 25, 2023, with the aircraft registered as VT-WGD.

After the first test run, Go First tweeted, hoping to be back in the skies soon.

Signing the skies again with G8 after a long hopeful wait.
We are so happy to tell you that our test runs were successful.
A sign that we'll be back on the runway soon.#GetSetForGoFirst pic.twitter.com/Zmp1lZmygB

— GO FIRST (@GoFirstairways) July 25, 2023

NCLT order allows for 14 aircraft and 11 engines to stay as a part of the fleet during the moratorium

Yesterday, the NCLT passed an order, which essentially rejected the claims of certain lessors, and refused to restrain Go First from using leased aircraft for their operations. The tribunal noted that the aircraft are essential to keep Go First as a going concern company.

According to the NCLT,

The DGCA has not deregistered the aircraft, which means that they are available to Go First for use to resume operations. Therefore, as long as the aircraft/engines are registered, they can be used for operating or flying to keep Go First as a going concern, however, within the safeguards/safety norms prescribed by the regulators.

The NCLT also dismissed the plea by lessors to inspect their aircraft and engine and held that they (NCLT) had directed the Resolution Professional (RP) to maintain the same. It is important to note that not all lessors had moved for relief, and overall, this order was granted on the back of applications made by five lessors who had leased, in total, 14 aircraft and eleven spare engines to Go First. 

On July 12, a two-judge bench of the Delhi High Court refused to entertain an appeal by Go First’s Resolution Professional (RP) challenging a previous order that had allowed lessors to conduct inspections of 30 aircraft and their parts at regular intervals. The court upheld the decision, granting the lessors permission to conduct checks regularly. So, this NCLT order runs counter to the Delhi High Court order. 

On August 3, the Delhi High Court will hear applications by lessors against DGCA to deregister their aircraft. The DGCA has, for now, kept their applications in abeyance. The NCLT will now meet on August 4, 2023, to hear applications by the lessors to exempt them from the moratorium, as they had terminated lease agreements beforehand. 

Bottomline

Go First seems to have the full support of the NCLT in bringing back the airline as a “going concern”. There have already been Expression of Interest for the sale of the airline to bidders invited. If the airline is operational, the process becomes easier. But the airline still needs the lessors’ and airports’ support to hand back the slots to take to the air again.

What do you make of Go First’s plans to resume operation, and what are your thoughts about their second coming?

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