The court affirmed the necessity for compliance with prior judgments regarding the deregistration and export of aircraft under the Aircraft Rules, emphasizing timely action and adherence to legal obligations.

O R D E R

% 08.09.2025

1. This hearing has been done through hybrid mode.

CM APPL. 56239/2025 (exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

CONT.CAS(C) 1356/2025 & CM APPL. 56238/2025

3. The present contempt petition under Sections 11 /12 read with Section

2(b) of the Contempt of Courts Act seeks following prayers:-

“a. Direct contempt proceedings against Respondent No. 1-3 and punish the Respondent No. 1-3 as per Section 12 of the Contempt of Courts Act, 1971 for wilful and intentional disobedience and violation of the Judgment dated 26.04.2024 issued by this Hon’ble Court in WP(C) No. 9900/2023 as well as Order dated 31.05.2024 in WP(C) No. 7369/2023; and Any other relief that the Hon’ble Court may deem fit and proper in the facts and circumstances of the instant case.”

4. Learned Senior Counsel appearing on behalf of the petitioner submits that vide order dated 26.04.2024 learned Single Judge in W.P.(C) 6569/2023 and connected matters, passed the following directions:-

“44. In view of the discussions above, the following directions are passed:

44.1 The impugned rejection letters / communications dated 11.05.2023, 12.05.2023 and 19.05.2023 issued by the Respondent/DGCA declining to process the Deregistration Applications of the Petitioners/Lessors are set aside. 44.2 The Respondent/DGCA shall forthwith and no later than the next five working days process the Deregistration Applications as filed for the following Aircraft in terms of Rule 30(7) of the Aircraft Rules:

44.3 All maintenance tasks with respect to the Aircraft as set forth in Paragraph 44.2 hereinabove, shall be undertaken by the Petitioners/Lessors and/or their authorised representatives upto and until the time the Aircraft are deregistered and exported in pursuance of Rule 32A of the Aircraft Rules.

44.4 The Respondent/DGCA and the Respondent/AAI shall aid and assist the Petitioners/Lessors and grant the Petitioners/Lessors their employees, agents, officers and/or authorised representatives access to the Airports, where the Aircraft as set forth in Paragraph 44.2 hereinabove, are parked.

44.5 The Respondent/RP of Go Air and the Respondent/Go Air and its directors, employees, agents, officers and/or representatives are restrained from entering, accessing or in any manner, operating or flying any of the Aircraft, details of which are set forth in Paragraph 44.2 hereinabove.

44.6 The Respondent/RP of Go Air and Respondent/Go Air and its directors, employees, agents, officers and/or representatives are restrained from removing, replacing taking out any accessories, spareparts, documents, records, materials, etc. of the Aircraft, details of which are set forth in Paragraph 44.2 hereinabove.

44.7 The Respondent/RP of Go Air shall within the next fourteen days provide to the Petitioners/Lessors, upto date information and documentation in relation to the aircraft, airframe, aircraft engines and other parts and components of all the 54 Aircraft including:

(a) Records pertaining to removal of all parts and components including engines, Air Frame, etc;

(b) Records relating to the storage of the Aircraft;

(c) Historical records and hardcopy records in relation to the Aircraft which may be located at a storage facility including any online records; (d)

Updated technical records, Aircraft status documents and statements in relation to the Aircraft;

(e) Any other document or record as required to ascertain the airworthiness of the Aircraft, its engine(s), the Airframe and all parts and components of the Aircraft.

45. The Petitioners/Lessors in W.P.(C) 7369/2023, W.P.(C) 7773/2023, W.P.(C) 8088/2023, W.P.(C) 9900/2023 and W.P.(C) 9901/2023 and W.P.(C) 9432/2023 are permitted to export the Aircraft subject to comp