Will GoAir Face Contempt Charges? Court Weighs Airline's Response to Aircraft Maintenance Dispute.
07 March 2024
Aviation & Space >> Miscellaneous
Facts:
A writ petition was filed concerning the maintenance and inspection of 54 aircraft (the "Aircrafts") leased by the Lessors to GoAir (the "Respondent"). The Court previously issued orders mandating GoAir to maintain the Aircrafts in accordance with specified guidelines and to grant the Lessors access to inspection records.
Contempt Petition and Allegations:
The Lessors filed a contempt petition alleging Respondent’s willful disobedience of the Court's orders. Specifically, the petition contends that the Respondent failed to:
- Undertake regular maintenance of the Aircrafts;
- Facilitate monthly inspections as directed; and
- Provide access to the Aircrafts' documents and records.
Respondent's Defense:
Respondent defended itself by citing financial difficulties and a lack of personnel due to unpaid salaries, which allegedly hindered their ability to comply with the Court's directives.
Court's Findings:
While acknowledging Respondent’s stated challenges, the Court determined that these reasons did not excuse non-compliance. The Court noted the potential incongruity between Respondent’s claims of financial hardship and their earlier arguments before the Division Bench, where they advocated for modifications to the Court's order based on the need to resume operations. This raised concerns about Respondent’s awareness of staffing limitations at the time the modifications were sought.
Prima Facie Case and Notice to Show Cause:
Based on the foregoing, the Court found a prima facie case of willful disobedience of its orders by Respondent. Consequently, a notice to show cause was issued, requiring Respondent to justify why contempt proceedings should not be initiated.
Respondent’s Concession:
In a surprising turn of events, Respondent responded to the notice by expressing willingness to revert to the original maintenance plan outlined in the Court's earlier order. The Lessors are currently considering this concession. The matter is adjourned until March 15, 2024, when the Lessors will decide whether to proceed with the contempt petition or accept Respondent’s offer.