Visskan Aviation Pvt. Ltd v. The Airport Authority Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-04-2025
CORAM
THE HONOURABLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K. RAJASEKAR AND CMP NO. 27196 OF 2024,CMP NO. 27203 OF 2024,CMP NO. 27204 OF 2024,CMP NO. 27205 OF 2024,CMP NO. 22400 OF 2024,WA NO. 3506 OF 2024,CMP NO. 27192 OF 2024,CMP NO. 27193 OF 2024,CMP NO. 27194 OF 2024,CMP NO. 27195 OF 2024,WA NO. 3507 OF 2024,CMP NO. 27199 OF 2024,CMP NO. 27197 OF 2024,CMP NO. 27198 OF 2024,CMP NO. 27202 OF 2024,CMP NO. 27200 OF 2024,CMP NO. 27201 OF 2024,WA NO. 3499 OF 2024,CMP NO. 27211 OF 2024,CMP NO. 27209 OF 2024,WA NO. 3498 OF 2024,WA NO. 3504 OF 2024,CMP NO. 27208 OF 2024,CMP NO. 27212 OF 2024,CMP NO. 27207 OF 2024,WA NO. 3502 OF 2024,WA NO. 3501 OF 2024,WA NO. 3500 OF 2024,WA NO. 3503 OF 2024,CMP NO. 27206 OF 2024,WA NO. 3505 OF 2024
1. Visskan Aviation Pvt. Ltd Rep. by its Authorised Signatory Mr. Viswam Subra Manimaran, No. 2, 3rd Floor 1st Main Road, Muneshwara Block Mahalakshmi Layout, Bangalore 560 086 Appellant(s) Vs
1. The Airport Authority Of India Rep. by its Chairman Rajiv 1/70
Gandhi Bhawan Safdarjung Airport New Delhi 110 003 Airport Authority of India Rajiv Gandhi Bhawan Safdarjung Airport New Delhi 110 003 Airports Authority of India Chennai International Airport Meenambakkam Chennai 600 027 Airports Authority of India, Chennai International Airport Meenambakkam Chennai 600 027 5.Air India Transport Services Limited having its office at Airline House, 113, Gurudwara, RakkabGunj Road, New Delhi 110 001 6.Kingfisher Airlines Limited having its Office at Kingfisher House Western Express Highway Vile Parle (East) Mumbai 400 099 7.Jet Airways (India) Ltd having its Office at Siroya Centre, Sahar Airport Road Andheri East Mumbai 400 099 8.Interglobe Aviation Limited 2/70
having its Office at Levels 1-3, Tower C, Global Business Park Haryana 122 002 Respondent(s) CMP No. 27196 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 3/70
Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27203 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 4/70
Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27204 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India Having its Office at, Indira Gandhi International Airport Terminal I-D, New Delhi- 110 037 Having its Office at, Siroya Centre, Sahar Airport Road, Andheri 5/70
East,Mumbai-400 099.
Respondent(s) CMP No. 27205 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.
Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
6/70
Respondent(s) CMP No. 22400 of 2024
1. Visskan Aviation Pvt. Ltd Rep. by its Authorised Signatory Mr.
Viswam Subra Manimaran, No. 2, 3rd Floor 1st Main Road, Muneshwara Block Mahalakshmi Layout, Bangalore 560 086 Appellant(s) Vs
1. The Airport Authority Of India Rep. by its Chairman Rajiv Gandhi Bhawan Safdarjung Airport New Delhi 110 003 Airport Authority of India Rajiv Gandhi Bhawan Safdarjung Airport New Delhi 110 003 Airports Authority of India Chennai International Airport Meenambakkam Chennai 600 027 Airports Authority of India, Chennai International Airport Meenambakkam Chennai 600 027 5.Air India Transport Services Limited having its office at Airline House, 113, Gurudwara, RakkabGunj Road, 7/70
New Delhi 110 001 6.Kingfisher Airlines Limited having its Office at Kingfisher House Western Express Highway Vile Parle (East) Mumbai 400 099 7.Jet Airways (India) Ltd having its Office at Siroya Centre, Sahar Airport Road Andheri East Mumbai 400 099 8.Interglobe Aviation Limited having its Office at Levels 1-3, Tower C, Global Business Park Haryana 122 002 Respondent(s) WA No. 3506 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 8/70
Airports Authority of India,Chennai Airport Meenambakkam, Chennai.
Airport Authority of India, Chennai Airport, Chennai.
Having Office at, Indira Gandhi International Airport Terminal I-D, New Delhi- 110 037 Having Office at, Siroya Centre, Sahar Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27192 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 9/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27193 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority 10/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27194 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority 11/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27195 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd, No.158, Rayala Tower, 1st Floor, No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 12/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) WA No. 3507 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 13/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27199 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 14/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27197 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 15/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27198 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 16/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27202 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd, No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 17/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27200 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 18/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27201 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 19/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East,Mumbai400 099.
Respondent(s) WA No. 3499 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 20/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East,Mumbai400 099.
Respondent(s) CMP No. 27211 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 21/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27209 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 22/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) WA No. 3498 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 23/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East,Mumbai400 099.
Respondent(s) WA No. 3504 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 24/70
Having its Office at, Indira Gandhi International Airport Terminal I-D, New Delhi- 110 037 Having its Office at, Siroya Centre, Sahar Airport Road, Andheri East,Mumbai-400 099.
Respondent(s) CMP No. 27208 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 25/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East,Mumbai400 099.
Respondent(s) CMP No. 27212 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 26/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) CMP No. 27207 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 27/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East,Mumbai400 099.
Respondent(s) WA No. 3502 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 28/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) WA No. 3501 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 29/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) WA No. 3500 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority 30/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai400 099.
Respondent(s) WA No. 3503 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 31/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East,Mumbai400 099.
Respondent(s) CMP No. 27206 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 32/70
Having its Office at, Indira Gandhi International Airport Terminal I-D, New Delhi- 110 037 Having its Office at, Siroya Centre, Sahar Airport Road, Andheri East, Mumbai-400 099.
Respondent(s) WA No. 3505 of 2024
1. M/s.Global Flight Handling Services Pvt Ltd No.158, Rayala Tower,1st Floor, Anna Salai, Mount Road, Chennai- 600 002.Rep by its Managing Director Appellant(s) Vs
1. The Airport Authority of India 33/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai400 099.
Respondent(s) PRAYER To set aside the order passed by this Honble Court dated 24.06.2024 in WP No. 12229 of 2020 and thus render justice.
CMP No. 27196 of 2024 PRAYER To pass an order of interim stay of all further proceedings initiated by the respondents 1 to 4 pursuant to the orders passed in WP.No.10534/2020 dated 24-06-2024, pending disposal of the above WA. CMP No. 27203 of 2024 PRAYER To pass an order of interim stay of the order passed in WP.No.11090/2020 dated 24-06-2024 pending disposal of the WA and thus render justice CMP No. 27204 of 2024 PRAYER To pass an order of interim stay of the order passed in WP.No.9942/2020, dated 24-06-2024, pending disposal of the above WA. CMP No. 27205 of 2024 34/70
PRAYER To pass an order of interim stay of the order passed in WP No.11106/2020 dt. 24.06.2024, pending disposal of the WA CMP No. 22400 of 2024 PRAYER To grant interim stay of operation of the impugned judgment dated 24.06.2024 in WP No. 12229 of 2020 pending disposal of the WA and thus render justice. WA No. 3506 of 2024 PRAYER To set aside the order passed in W.P.No. 10543 of 2020 dated 24.06.2024 CMP No. 27192 of 2024 PRAYER To pass an order of interim stay of all further proceedings initiated by the respondents 1 to 4 pursuant to the orders passed in WP.No.11090/2020 dated 24-06-2024 pending disposal of the WA and thus render justice CMP No. 27193 of 2024 PRAYER To pass an order of INTERIM STAY of the order passed in WP.No.10552/2020 dated 24-06-2024 pending disposal of the writ appeal and thus render justice. CMP No.
27194 of 2024 PRAYER To pass an order of INTERIM STAY of all further proceedings initiated by the respondents 1 to 4 pursuant to the orders passed in WP.No.10552/2020 dated 24-06-2024 pending disposal of the writ appeal and thus render justice. CMP No. 27195 of 2024 PRAYER To pass an order of interim stay of the order passed in WP.No.10534/2020, dated 24-06-2024, pending disposal of the above WA.
WA No. 3507 of 2024 PRAYER To set aside the order passed in WP.No.10556/2020,dated 24-06-2024. CMP No. 27199 of 2024 PRAYER To pass an order of interim stay of all further proceedings initiated by the respondents 1 to 4 pursuant to the orders passed in WP.No.10539/2020 dated 24-06-2024 pending disposal of the WA and thus render justice CMP No. 27197 of 2024 PRAYER To pass an order of Interim stay of the order passed in WP.No.10539/2020 dated 24-06-2024 pending disposal of the WA and thus render justice CMP No. 27198 of 2024 PRAYER To pass an order of interim stay of the order passed in WP No.587/2022 dt. 24.06.2024, pending disposal of the WA CMP No. 27202 of 2024 PRAYER To pass an order of INTERIM STAY of all further proceedings initiated by the respondents 1 to 4 pursuant to the orders passed in WP.No.
11099/2020 dated 24-06-2024 pending disposal of the writ appeal and thus render justice. CMP No. 27200 of 2024 PRAYER To pass an order of interim stay of all further proceedings initiated by the respondents 1 to 4 pursuant to the orders passed in WP No.587/2022 dt. 24.06.
CMP No. 27201 of 2024 PRAYER To pass an order of INTERIM STAY of the order passed in WP.No.11099/2020 dated 24-06-2024 pending disposal of the writ appeal and thus render justice. WA No. 3499 of 2024 PRAYER To set aside the order passed in WP.No.10534/2020,dated 24-06-2024. CMP No. 27211 of 2024 PRAYER To pass an order of interim stay of the order passed in WP.No.10556/2020, dated 24-06-2024, pending disposal of the above WA. CMP No. 27209 of 2024 PRAYER To pass an order of INTERIM STAY of all further proceedings initiated by the respondents 1 to 4 pursuant to the orders passed in WP.No.10543/2020 dated 24-06-2024 pending disposal of the writ appeal and thus render justice. WA No. 3498 of 2024 PRAYER To set aside the order passed in WP.No.11090/2020 dated 24-06-2024 and thus render justice WA No. 3504 of 2024 PRAYER To set aside the order passed in WP.No.9942/2020,dated 24-06-2024. CMP No. 27208 of 2024 PRAYER 37/70
To pass an order of interim stay of all further proceedings initiated by the respondents 1 to 4 pursuant to the orders passed in WP No.11106/2020 dt. 24.06.2024, pending disposal of the WA CMP No. 27212 of 2024 PRAYER To pass an order of interim stay of all further proceedings initiated by the respondents 1 to 4 pursuant to the orders passed in WP.No.10556/2020 dated 24-06-2024, pending disposal of the above WA. CMP No. 27207 of 2024 PRAYER To pass an order of INTERIM STAY of the order passed in WP.No.10543/2020 dated 24-06-2024 pending disposal of the writ appeal and thus render justice. WA No. 3502 of 2024 PRAYER To set aside the order passed in WP No.587/2022 dt. 24.06.2024 WA No. 3501 of 2024 PRAYER To set aside the order passed in WP.No.10539/2020 dated 24-06-2024 and thus render justice WA No. 3500 of 2024 PRAYER To set aside the order passed in WP.No.10552/2020 dated 24-06-2024 and thus render justice.
WA No. 3503 of 2024 PRAYER To set aside the order passed in WP.No.11099/2020 dated 24-06-2024 and thus render justice.
38/70
CMP No. 27206 of 2024 PRAYER To pass an order of interim stay of all further proceedings initiated by the respondents 1 to 4 pursuant to the orders passed in WP.No.9942/2020 dated 2406-2024, pending disposal of the above WA. WA No. 3505 of 2024 PRAYER To set aside the order passed in WP No.11106/2020 dt. 24.06.2024 For Appellant(s):
Mr.M.Santhanaramann For Respondent(s):
Dr Father Xavier Arul Raj, Senior Counsel Assisted by Mr. A.Arul Mary Counsel For RR1 to 4 W.A.No.3498 of 2024 and other appeals For Appellant(s):
Mrs.N.Fidelia For Respondent(s):
Dr Father Xavier Arul Raj, Senior Counsel Assisted by Mr. A.Arul Mary For RR1 to 4 Not ready in notice for RR5 & 6 39/70
COMMON ORDER (Order of the Court was made by S.M.Subramaniam J.) Under assail is the common order dated 24.06.2024 passed in the batch of writ petitions.
2. All the writ petitions were dismissed by the learned Single Judge and the present intra court appeals are filed challenging the said writ order.
3. Mr.M.Santhanaraman, learned counsel appearing on behalf of the appellant in W.A.No.2982/2024 and Mrs.N.Fidelia, learned counsel appearing on behalf of the other writ appeals would mainly contend that there is no contract between the appellants and the Airports Authority of India. In the absence of any contract with the Airports Authority of India, the differential amount of royalty claimed by the Airports Authority of India in letter dated 21st July 2020 is untenable and therefore, the writ Court has erroneously rejected the writ petitions.
40/70
4. It is mainly contended that the appellants have entered into a contract with the respondent/companies, who in turn entered into contract with the Airports Authority of India. Both the contracts are independent and therefore, there is no direct contract between the appellants and the Airports Authority of India. Thus, if any such differential claim ought to have been claimed by the Airports Authority of India, it can be through the contractors, who entered into contract with the Airports Authority of India. Thus, the very claim directly made against the appellants by the Airports Authority of India is unsustainable. It is further contended that the agreed royalty amount has already been settled in favour of the Airports Authority of India. That being so, the present writ appeal is to be considered.
5. Dr.Xavier Arulraj, learned Senior counsel appearing on behalf of the Airports Authority of India assisted by Mrs.A.Arulmary would oppose by stating that as per the contract, the agreed royalty is to be directly paid to the Airports Authority of India. All along the appellants are paying the royalty to the Airports Authority of India and whenever a differential claim arises it will be 41/70
communicated to the parties directly by the Airports Authority of India. In the event of any dispute, they have to resolve the same either through arbitration or by approaching the competent Civil Court of law.
6. This Court is of the considered opinion that admittedly, it is a contractual obligation relating to payment of royalty to the Airports Authority of India. Though, there is no direct contract between the Airports Authority of India and the appellants, they have extended their services based on the contract with the private airlines. The services are to be provided in airport and the airport is controlled by the Airports Authority of India. On account of these factors, the royalty has been directly paid by this service companies to the Airports Authority of India. That being the practice prevailed now the appellants cannot turn around and say that the airports authority of India is not privity to contract.
7. In Any case, it is a disputed fact relating to payment of royalty. It requires an adjudication with reference to documents and evidences available on 42/70
record. On the one hand, the appellants say that they have settled the royalty as agreed; on the other hand, the airports authority says that they have calculated the differential amount of royalty to be settled and made a demand. The Airports Authority of India would submit that the appellants are aware about 32% of royalty which is to be settled from 2012 onwards.
8. May that as it be, these factors are to be adjudicated, which all are disputed. High Court in exercise of the powers of judicial review cannot conduct a roving enquiry in to the disputed facts relating to contractual obligations. The power of judicial review of the High court under Article 226 of the Constitution of India is to ensure the processes through which a decision has been taken in consonance with the statutes and rules in force, but not a decision itself. That being the scope of judicial review, such disputed facts cannot be adjudicated and in the event of any such adjudication, it will result in miscarriage of justice or prejudice would be caused to either of the parties.
9. This Court has gone in to the nature of dispute between the parties 43/70
which all are contractual in nature. The writ Court though considered certain facts finally dismissed the writ petition. However the dismissal of the writ petition would not preclude the appellant from adjudicating the issues on merits before the appropriate forum.
10. With the above findings, all the writ appeals are disposed of. No costs. In the event of approaching any such appropriate forum by the appellants, such forum shall decide the issues on merits, uninfluenced by the observations if any made by the writ Court in the order which is under challenge. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 24-04-2025 ssi Index:Yes/No Speaking/Non-speaking order Internet:Yes 44/70
To 1.The Airport Authority Of India Rep. by its Chairman Rajiv Gandhi Bhawan Safdarjung Airport New Delhi 110 003 Airport Authority of India Rajiv Gandhi Bhawan Safdarjung Airport New Delhi 110 003 Airports Authority of India Chennai International Airport Meenambakkam Chennai 600 027 Airports Authority of India, Chennai International Airport Meenambakkam Chennai 600 027 5.Air India Transport Services Limited having its office at Airline House, 113, Gurudwara, RakkabGunj Road, New Delhi 110 001 6.Kingfisher Airlines Limited having its Office at Kingfisher House Western Express Highway Vile Parle (East) Mumbai 400 099 7.Jet Airways (India) Ltd having its Office at Siroya Centre, Sahar Airport Road Andheri East Mumbai 400 45/70
8.Interglobe Aviation Limited having its Office at Levels 1-3, Tower C, Global Business Park Haryana 122 002 CMP No. 27196 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27203 of 2024 To 46/70
1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27204 of 2024 To 1.The Airport Authority of India 47/70
Having its Office at, Indira Gandhi International Airport Terminal I-D, New Delhi- 110 037 Having its Office at, Siroya Centre, Sahar Airport Road, Andheri East,Mumbai-400 099.
CMP No. 27205 of 2024 To 1.The Airport Authority of India 48/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 22400 of 2024 To 1.The Airport Authority Of India Rep. by its Chairman Rajiv Gandhi Bhawan Safdarjung Airport New Delhi 110 003 Airport Authority of India Rajiv Gandhi Bhawan Safdarjung Airport New Delhi 110 003 Airports Authority of India Chennai International Airport Meenambakkam Chennai 600 027 Airports Authority of India, Chennai International Airport Meenambakkam Chennai 600 027 5.Air India Transport Services Limited having its office at Airline House, 113, Gurudwara, RakkabGunj Road, New Delhi 110 001 49/70
6.Kingfisher Airlines Limited having its Office at Kingfisher House Western Express Highway Vile Parle (East) Mumbai 400 099 7.Jet Airways (India) Ltd having its Office at Siroya Centre, Sahar Airport Road Andheri East Mumbai 400 099 8.Interglobe Aviation Limited having its Office at Levels 1-3, Tower C, Global Business Park Haryana 122 002 WA No. 3506 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 50/70
Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27192 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27193 of 2024 To 1.The Airport Authority 51/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27194 of 2024 To 1.The Airport Authority 52/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27195 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 53/70
Airport Road, Andheri East, Mumbai-400 099.
WA No. 3507 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27199 of 2024 To 1.The Airport Authority of India 54/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27197 of 2024 To 1.The Airport Authority of India 55/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27198 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 56/70
Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27202 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27200 of 2024 To 1.The Airport Authority of India 57/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27201 of 2024 To 1.The Airport Authority of India 58/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
WA No. 3499 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, 59/70
Mumbai-400 099.
CMP No. 27211 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27209 of 2024 To 1.The Airport Authority of India 60/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
WA No. 3498 of 2024 To 1.The Airport Authority of India 61/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
WA No. 3504 of 2024 To 1.The Airport Authority of India Having its Office at, Indira Gandhi International Airport Terminal I-D, New Delhi- 110 037 Having its Office at, Siroya Centre, Sahar Airport Road, Andheri East,Mumbai-400 099.
CMP No. 27208 of 2024 62/70
To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27212 of 2024 To 1.The Airport Authority of India 63/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27207 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New 64/70
Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
WA No. 3502 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
WA No. 3501 of 2024 To 65/70
1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
WA No. 3500 of 2024 To 1.The Airport Authority 66/70
International Airport Terminal I-D, New Delhi- 110 037 Airport Road, Andheri East, Mumbai-400 099.
WA No. 3503 of 2024 To 1.The Airport Authority of India International Airport Terminal I-D, New Delhi- 110 037 67/70
Airport Road, Andheri East, Mumbai-400 099.
CMP No. 27206 of 2024 To 1.The Airport Authority of India Having its Office at, Indira Gandhi International Airport Terminal I-D, New Delhi- 110 037 Having its Office at, Siroya Centre, Sahar Airport Road, Andheri East,Mumbai-400 099.
WA No. 3505 of 2024 To 1.The Airport Authority of India 68/70
Airports Authority of India,Chennai Airport Meenambakkam, Chennai.
Airport Authority of India, Airport, Chennai. Having Office at, Indira Gandhi International Airport Terminal I-D, New Delhi- 110 037 Having Office at, Siroya Centre, Sahar Airport Road, Andheri East,Mumbai-400 099.
69/70
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
ssi WA No. 2982 of 2024 and etc., batch 24-04-2025 70/70