Don't finalise bids to replace Turkiye co's Indian arm: HC
Mumbai: Bombay HC's vacation bench on Monday restrained Mumbai International Airport Ltd (MIAL) from making a final decision on bids invited on May 17 to replace a Turkiye-based company's Indian arm for ground and bridge handling services.
The decision will remain in effect till a regular bench, after reopening, hears the challenge raised by the entity to its security clearance revocation.
On May 15, Bureau of Civil Aviation Security, citing national security concerns, revoked the security clearance granted to Celebi Airport Services. The action followed Turkiye's support of Pakistan during the recent hostilities. Celebi Airport Services India and Celebi Delhi Cargo Terminal Management India then petitioned Delhi HC against the revocation and the cancellation of contracts by the Delhi airport operator.
Delhi HC reserved the matter for orders. Last week, Celebi NAS Airport Services India Pvt Ltd approached Bombay HC against the revocation of its security clearance.
On Monday, Justice Somasekhar Sundaresan heard Celebi's senior counsel Chetan Kapadia, who asked that the bids not be finalised as it would cause his clients irreversible harm. Kapadia said the firm had two agreements for bridge and ground handling services with MIAL in 2015 and 2018, each for 30 years, with a condition for renewing them for another 30 years.
He said the sudden and immediate revocation of clearance and the subsequent termination of services by the Mumbai airport operator placed Celebi in a position where it could not even approach the court for a remedy. Ordinarily, it would have been eligible for a 30-day notice, he said. Senior counsel Vikram Nankani for MIAL said there is a special clause in the contract that allows it to act on orders of the Indian govt in national security interests without giving notice.
He said as a pro tem measure, Indo Thai Airport Services was asked to handle the services with Celebi's staff and equipment.
Kapadia said Celebi has 2,088 staffers trained over 10 years and it has invested crores for the long-term agreements. He said there must be a mechanism to ensure an inventory of its staff and equipment being used. HC said Indo Thai must hand over a report of all its operational and financial data to MIAL, which will give it to Celebi.
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