TaxTMI 
TaxTMI 
2025 (11) TMI 1884
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....ha Jain, Advocate for Liquidator. ORDER This appeal is preferred by one of the claimants in the liquidation proceedings of Jet Airways. 2. The appellant herein operates the Mumbai International Airport, where the planes of the Company under liquidation are parked since 2018. The issue relates to appellant's claim of parking charges due from the CD for using the hangars, and other dues. There is a background to the present appeal, and it is briefly stated: a) Earlier, on 22.06.2021, the CIRP process of the CD successfully concluded with the Adjudicating Authority lending its approval to the same. The SRA had disclosed that it was not interested in three aeroplanes of the CD and they were directed to be auctioned. They were ....
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.... Manufacture Serial Number (i) 35158 (with engines bearing Engine Serial Numbers 906353, and 906298), (ii) 35159 (with engines bearing Engine Serial Numbers 906336 and 906364), and (iii) 35162 (with engines bearing Engine Serial Numbers 906351 and 906337) respectively ("Aircraft") parked at Chhatrapati Shivaji Maharaj International Airport ("CSMIA"), to Respondent Nos. 1 to 3. 2. For the purpose of this Order, the term "Closing Date" means the date on which the title and ownership of the Aircraft is transferred to Respondent Nos. 1 to 3, in accordance with the terms of sale. 3. The Applicant, subject to the terms and conditions stated below, releases all liens and encumbrances on the Aircraft for the period prior to the Cl....
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....f the Closing Date. In the event additional time is required by Respondent Nos.1-3 to remove the Aircraft or any of them ("Extended Period"), Respondent Nos.1-3/CACL shall, at least 15 days prior to the expiry of the Original Period (as applicable to the relevant aircraft), deposit in advance with the Applicant a further amount for the entire Extended Period at the rate of INR 1,00,00,000/- (Rupees One crore) per delayed Aircraft per month. Any such additional amounts paid by Respondent Nos. 1 to 3 (through CACL) shall form part of the Deposit Amount and will be utilised by the Applicant as mentioned herein. c. From the Closing Date till the date of departure of the Aircraft, the New Airport Dues will be deducted from the Deposit A....
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....e applicable post the Closing Date till the date of departure of the Aircraft. 6. It is clarified that prior to the departure of the Aircraft from CSMIA, Respondent No.1-3 (or CACL) shall (if and to the extent there is a shortfall in the relevant Deposit Amount(s)) promptly pay any remaining balance of the New Airport Dues. After payment of New Airport Dues, if there is any balance remaining of the Deposit Amount, such balance shall be promptly refunded to Respondent No.1-3 (or to CACL). 7. Subject to the performance of obligations of Respondent Nos.1- 3/CACL, as set out in in this consent order, the Applicant and Respondent Nos. 1 to 3 agree that by virtue of this consent order and from the Closing Date, the Aircraft shal....
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.... of communication of this order." This order is under challenge in the present appeal on the ground that it travels beyond the scope of the original Consent Order dated 07.08.2025. 4. Learned Senior Counsel for the Appellant submits that Respondent Nos. 1 to 3 have initiated contempt proceedings before the NCLT, alleging non- compliance of the above direction dated 17.09.2025 by the appellant. 5. Taking the present appeal in the backdrop of CA(AT)(Ins.) No. 34 of 2025 and IA No. 644 of 2025 before the NCLT, it appears that the Appellant's primary concern is with respect to its entitlement for a priority in payment by the liquidator out of the sale proceeds of the assets of Corporate Debtor. This Tribunal is also informed that the l....