Delhi High Court Permits Go First Lessors To Hire Security For Planes After Aircraft Parts Go Missing
A Delhi High Court Bench of Justice Tara Vitasta Ganju has allowed the lessors of Go First planes to hire a 24-hour security service for their 54 planes which were leased out to Go First Airlines, after the Court was told that some parts of certain aircrafts have gone missing.
In that context, it was said that, "it has now been more than five months, since the Aircraft were grounded by the Respondent/RP of GoAir. A review of the documents and photographs filed by the Petitioners/Lessors show the evident cannibalization of the Aircraft. The Petitioners/Lessors have made out a prima facie case and it has become necessary for this Court to pass additional directions to protect these highly valuable equipment during the pendency of the present case."
Counsel Nitin Sarin, among others, appeared for the petitioner while Counsel Apoorv Kurup, among others, appeared for the respondents.
In this case, the lessors had filed an application in which they urgently sought directions to access and inspect various aircraft documents. They had made several allegations regarding the aircraft leased to another party.
First, they had claimed that the airplanes were not being maintained properly. This suggested concerns about the condition and safety of the aircraft.
Second, the lessors had alleged that a process known as "cannibalization" was occurring. Cannibalization typically involves the practice of removing parts from one aircraft to be used for repairing or maintaining another aircraft. In this context, it was implied that parts were being taken from the leased aircraft for use elsewhere.
Photographs were presented as evidence to support their claims. These images had supposedly depicted specific issues with the aircraft. Notably, the photographs had revealed that certain essential components were missing from the planes. The components mentioned were the Captain's side stick (which is used for flying the aircraft), the tiller (used for steering the aircraft while on the ground), one engine's cover, and the ATC Transponder. The ATC Transponder is a critical component that allows air traffic control to track the aircraft's speed, altitude, and direction.
The High Court deemed it necessary that the Lessors be permitted to contract a 24 hour security services for all the Aircraft, to be provided at the expense of the Lessors.
In light of the same, the respondent was directed to provide access to the Lessors of documentation in relation to the Aircraft, the Airframe, its engines and other parts and components. In that context, it was said that, "The Petitioners/Lessors are permitted to contract a 24 hour security service for all the Aircrafts at their own expense. Respondent No.3/DGCA shall permit, the duly verified security personnel/security agency so appointed by the Petitioners/Lessors, access at the various airports in and around the country, where the Aircraft are lying parked."
Cause Title: ACG Aircraft Leasing Ireland Limited v. Union of India & Ors.
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