IMPORTANT POINT
The main legal point established in the judgment is the need for proper inspection and maintenance of aircraft, as defined in the lease agreements and governed by the Aircraft Rules, 1937 and the Aircraft Act, 1934, to prevent irreparable harm and preserve the value and integrity of the aircraft.

JUDGMENT

CM APPL. 45749/2023 in W.P.(C) 7774/2023[Application for modification of05.07.2023 Order]

CM APPL 47071/2023 in W.P.(C) 7663/2023 & CM APPL. 47257/2023 in W.P.(C) 9432/2023 [Application seeking urgent directions]

1. The present Applications have been filed by the Petitioners/Lessorsinter-alia seeking:

(a) Modification of the interim 05.07.2023 Order [hereinafter referred to as the 05.07.2023 Order']; and

(b) Urgent directions for full and proper access to and inspection of all Aircraft documents, records, including its maintenance record/storage preservation records.

2. By 05.07.2023 Order, this Court had passed the following interim directions :-

'..20.1 Therefore, with a view to obviate any further losses, the following directions are being passed:

(i) The Petitioners, their employees, agents, officers and/or representatives shall be permitted by the Respondent/DGCA and the appropriate Airport Authorities to access the Airport(s) where the 30 Aircrafts are parked [details of the Aircraft(s) is reproduced in the table in paragraph 3.2 herein] inter alia to inspect their respective Aircrafts, within the next 3 days;

(ii) The Petitioners, their employees, agents, officers and/or representatives shall be permitted to carry out inspection and all maintenance tasks of the Aircraft, its engines and other parts and components, of all 30 Aircrafts [as are set forth in table at paragraph 3.2 herein],at least twice every month, until the final disposal of the Writ Petitions;

(iii) Respondent/GoAir, its directors, employees, agents, officers and or representatives or the IRP/RP(s) or any person acting on their behalf, are hereby restrained from removing, replacing, taking out any accessories, parts, components or spares, etc. or any relevant operational or other Manuals /records, documentation from any of the 30 Aircraft, except with prior written approval of the Lessor of such Aircraft.'

3. Paragraph 20.1 of the 05.07.2023 Order, was modified by a Division Bench of this Court by its order dated 12.07.2023 [hereinafter referred to as the 'DB Order'] The relevant extract reads is below:-

'16. In the meantime, direction (ii) contained in paragraph No. 20.1 of the impugned judgement is modified to the extent that GoAir, through RP, is permitted to carry out all maintenance tasks of the thirty subject aircrafts, their engines and other parts and components, which are parked at various airports, with due permissions mandated under extant rules/ law. The Lessors are also free to carry out periodic monthly inspections of the aforesaid aircrafts in accordance with law.'

4. A challenge to the DB Order was dismissed on 07.08.2023 by the Supreme Court in SLP(C) No.16762-69/2023 directing:

'1 Proceedings under Article 226 of the Constitution are pending before a Single Judge of the High Court of Delhi. The petitions are being argued on a day to day basis. The jurisdictional issues which are sought to be raised in these proceedings can be addressed before the High Court.

2. The Special Leave Petitions are dismissed.'

5. This Court also issued directions including on 28.07.2023 maintaining status quo in respect of the handling/non-revenue flights of the Aircraft(s).

6. During the course of final hearing of the Petitions, some of the Petitioners/Lessors have been constrained to file interim applications seeking urgent directions including for modification of the orders already passed by this Court. Although the prayers in these Applications are different, the essential grievance of the Petitioners/Lessors emanate from orders of inspection and maintenance of the Aircraft's which form subject matters of the petitions pending before this Court [hereinafter referred to as the 'Aircraft'].

6.1 The Petitioners/Lessors appearing in W.P.(C) 6569/2023, W.P.(C) 6626/2023, W.P.(C) 7214/2023, W.P.(C) 7369/2023, W.P.(C) 7773/2023, W.P.(C) 8088/2023, W.P.(C) 9594/2023, W.P.(C) 9990/2023, W.P.(C) 9991/2023, W.P.(C) 10327/2023, W.P.(C) 10386/2022 [hereinafter referred to as '