The fate of Kingfisher: A wait and watch game

By Nimish Vakil and Sneha Rao, Tyabji Dayabhai
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The Directorate General of Civil Aviation (DGCA), after much delay, suspended the airoperator’s permit (AOP) of debt-ridden Kingfisher Airlines on 20 October and gave Kingfisher until 31 December, i.e. the date its AOP expires, to submit “a concrete and reliable revival plan ensuring safe, reliable, efficient and sustainable scheduled air transport services”.

An airline can conduct scheduled flight operations only during the validity of its AOP, which is renewed periodically by the DGCA.

Background

On 28 December 2011, after conducting a safety audit, the DGCA concluded that Kingfisher’s financial crisis was likely to impede its ability to maintain the required safety standards and there existed a reasonable case for withdrawal of its AOP.

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Nimish Vakil is a partner and Sneha Rao is an associate at Tyabji Dayabhai. Tyabji Dayabhai was established in 1872 and has over 25 years’ experience in handling all types of aviation transactions and litigation.

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Lentin Chambers

Dalal Street
Mumbai – 400 001

India

Tel: +91 22 2265 0342

Fax: +91 22 2265 8209

Email: nimish.vakil@tyabjidayabhai.com

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