Mesco Aerospace Ltd. v. The Airport Authority Of India

901-CARAP18-18.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMM ARBITRATION APPLICATION NO. 18 OF 2018 Maesco Aerospace Ltd.

...Applicant

Versus

The Airport Authority of India

...Respondent

Mr. Chirag Modi, a/w Raksha Kothari, Soumya Prakash i/b M/s. Dhruve Liladhar & Co., for the Applicant. Mr. M.P.S. Rao, Senior Advocate, a/w Mr. Arsh Mishra, i/b M. V. Kini & Co., for the Respondent.

CORAM:

G. S. KULKARNI, J.

DATED:

22nd November, 2018.

PC:- 1.

Mr. Rao, the learned Senior Advocate appearing for the Respondent makes a statement that the demands, which are raised by the Respondent and which are subject matter of the issues raised by the Petitioner in this application are demands which fall within the ambit of adjudication which would be undertaken by the Respondent - Airport Authority of India under Chapter 5A of the Airports Authority Act, 1994. Statement is accepted.

2.

As a consequence of this statement as made on behalf of the Respondent - Airport Authority, the apprehension of the Petitioner that claims are made under the licence agreement dated 28th April, 1993, which has expired in 2008, would not hold good. In the circumstances, adjudication of this application is not called for. It is accordingly disposed of. However, all rights and contentions of the parties on merits are expressly kept open. [G. S. KULKARNI, J.] 1/1