Decision No. 99-C-A-2020
APPLICATION by Shalini Bajwa and Gurvinder Bajwa (applicants) against Jet Airways (India) Limited (Jet Airways).
[1] The applicants filed an application with the Canadian Transportation Agency (Agency) against Jet Airways seeking a refund as a result of the discontinued operations with respect to the international air service provided by Jet Airways.
[2] On June 20, 2019, a corporate insolvency resolution process was initiated by the National Company Law Tribunal, Mumbai Bench, India, in respect of Jet Airways under the Indian Insolvency and Bankruptcy Code, 2016.
[3] On September 30, 2020, the Agency issued Decision No. LET-C-A-59-2020, pursuant to subsection 42(2) of the Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings), SOR/2014-104.
[4] In that Decision, the Agency stated that it was of the preliminary view that it would be unproductive for both the applicants and the Agency to continue with the application because the carrier was no longer operating and there was no practical possibility that the applicants could recover compensation from Jet Airways, were the Agency to hear the case. Moreover, a corporate insolvency resolution process involving Jet Airways is now underway in India.
[5] The Agency provided the applicants with the opportunity to justify why it should not dismiss the application based on its preliminary view. They did not request that the application be further considered.
[6] With regret, the Agency dismisses the application.
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