https://www.taxtmi.com/caselaws?id=752154 Rule 30(7) of the Aircraft Rules, 1937 was treated as imposing a mandatory duty to cancel aircraft registration once the prescribed IDERA-based application and priority search report were filed, so the aviation authority could not keep deregistration in abeyance. The insolvency moratorium was held not to bar the relief where the dispute arose from pre-CIRP lease defaults and involved enforcement of a public law statutory duty rather than a claim solely arising from insolvency, and the writ court retained jurisdiction. A notification excluding aircraft from moratorium was read as clarificatory and retrospective in effect. On that basis, refusal to deregister was set aside and consequential relief followed. en-us Fri, 26 Apr 2024 00:00:00 +0530 Fri, 03 May 2024 14:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=752154 Rule 30(7) of the Aircraft Rules, 1937 was treated as imposing a mandatory duty to cancel aircraft registration once the prescribed IDERA-based application and priority search report were filed, so the aviation authority could not keep deregistration in abeyance. The insolvency moratorium was held not to bar the relief where the dispute arose from pre-CIRP lease defaults and involved enforcement of a public law statutory duty rather than a claim solely arising from insolvency, and the writ court retained jurisdiction. A notification excluding aircraft from moratorium was read as clarificatory and retrospective in effect. On that basis, refusal to deregister was set aside and consequential relief followed. Case-Laws Insolvency and Bankruptcy Fri, 26 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=752154