Business

Government: IBC Not Applicable To Transactions Involving Aircraft, Engines, Airframes, And Helicopters

The government has announced that transactions involving aircraft, plane engines, airframes, and helicopters are now exempt from the Insolvency and Bankruptcy (IBC) code.

According to a notification issued by the Ministry of Corporate Affairs, the provisions of sub-section (1) of section 14 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), shall not apply to transactions, arrangements, or agreements, under the Convention and the Protocol, relating to aircraft, aircraft engines, airframes, and helicopters.

Section 14 of the IBC addresses the adjudicating authority (NCLT) jurisdiction to issue a moratorium when admitting a company to the insolvency resolution procedure.

When an asset transactions moratorium is imposed, activities such as instituting suits, continuing pending suits, executing judgments, transferring/ disposing of assets, and recovering or enforcing security interest are prohibited.

The news comes while grounded carrier Go First is undertaking voluntary insolvency proceedings and battling its aircraft lessors in court.

With the most recent notification, lessors will be allowed to reclaim their aircraft from a defaulting airline in the future.

If the amendment is adopted retroactively, it may have an impact on Go First.

Last week, the Aviation Working Group (AWG) downgraded India’s compliance with international law governing aircraft leasing, citing lessors’ continuing efforts to reclaim jets leased to the now-grounded Go First.

The AWG is a not-for-profit legal company made up of major aviation manufacturers, leasing companies, and financial institutions.

Lessors can reclaim custody of aircraft leased to airlines under the Cape Town Convention (CTC).

India is a signatory to CTC but has yet to ratify it.

A moratorium is in force while Go First is pursuing insolvency resolution, and lessors are embroiled in a legal battle with Go First to reclaim the leased planes.

AWS stated in an update that CTC remedies have not been made available to lessors nor have lessors been able to access aircraft to ensure that their aircraft are being maintained in accordance with the leases as required by CTC.

Also read: PMI: India’s Services Sector Activity Reaches A 13-Year High In September Thanks To Robust Demand

Spriha Rai

Recent Posts

Jamia Hamdard NCC Unit Marks 78th NCC Day With High-Spirit Celebrations, Ceremonial Display & Cadet Honours

Jamia Hamdard celebrated the 78th NCC Day with spirited ceremonies, leadership messages, cultural performances, and…

3 hours ago

Chandigarh Railway Station Upgrade Speeds Ahead As Railway Minister Ashwini Vaishnaw Reviews Progress

Union Railway Minister Ashwini Vaishnaw reviewed Chandigarh Railway Station’s redevelopment, assessed upgrades, pushed timely delivery,…

4 hours ago

Indian Government Issues Warning As Fake ‘Free Laptop 2025’ Message Spreads Online

A fake WhatsApp message claiming the government offers free laptops to all students in 2025…

8 hours ago

Reforms And Enterprise Driving India Forward, Says PM Modi On 8.2% GDP Growth

India’s Q2 FY26 GDP jumps 8.2%, led by strong consumption, manufacturing, and services, defying global…

9 hours ago

Sculpt Your Wedding Arms: Trainer Reveals Proven Toning Plan

Trainer Julie Capozziello guides brides to build muscle first, reduce fat, and sculpt toned, elegant…

9 hours ago

PM Modi Participates In Mass Gita Recitation At Udupi, Says The Experience Strengthened His Resolve To Serve The Nation

Prime Minister Narendra Modi joined one lakh devotees in the ‘Laksha Kantha Gita’ chanting at…

10 hours ago