Bombay HC grants temporary relief to Turkish firm Celebi, restrains MIAL from taking final decision on bids
In a temporary relief to Turkey-headquartered airport ground handling services major Celebi, a vacation bench of the Bombay High Court on Monday restrained Mumbai International Airport Ltd (MIAL) from taking a final decision on tenders invited to replace Celebi's subsidiary till the matter is heard by the regular court.
A single bench of Justice Somasekhar Sundaresan was hearing two applications by Celebi's subsidiary Celebi Nas Airport Services India, which operated at the Mumbai airport, filed under Section 9 of Arbitration and Conciliation Act against Adani group-owned MIAL seeking annulment of its termination of contracts with the petitioner.
The pleas, through senior advocate Chetan Kapadia, also sought urgent interim measure to restrain MIAL to conclude the tenders issued on May 17 for selection of a new ground handling agency for the Mumbai airport. The parent company Celebi Hava Servisi holds 59% of the capital in Celebi Nas.
Justice Sundaresan said the order will operate until the matter is heard by a regular bench in June after summer vacation.
The firm has also filed a separate writ petition seeking suspension and annulment of the security clearance cancellation by the Bureau of Civil Aviation Security (BCAS). The Union of India, BCAS, Directorate General of Civil Aviation (DGCA), Airports Authority of India (AAI), and the regional office of the Ministry of Civil Aviation (MoCA) are made respondents in the matter. A division bench comprising two judges will hear the plea in due course.
The BCAS, amidst the backlash over Turkey's support for Pakistan in the India-Pakistan conflict, had earlier this month revoked with immediate effect security clearance of the Indian arm of the Celebi citing 'national security'. The revocation led to airports in India where Celebi group operated, terminating their contracts with the group companies, prompting the subsidiaries to approach the courts.
The subsidiary of the Turkish firm had approached the Bombay High Court on May 21 after its other subsidiaries Celebi Airport Services India and Celebi Delhi Cargo Terminal Management India had moved the Delhi High Court against the security clearance revocation and the resultant cancellation of Celebi contracts by the Delhi airport operator. The Delhi HC on Friday, May 23 reserved its order on the plea.
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