AIRPORT AUTHORITY OF INDIA vs LITE BITE FOODS PRIVATE LIMITED

Judgment text excerpt

5.ARP.214.2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.214 OF 2025 Airport Authority Of India ....Petitioner Versus Lite Bite Foods Private Limited ....Respondent Mr. S.D. Kothari, for Petitioner (VC). Mr. Rohan Shah, a/w. Anirudh Krishna Gandhi, Megha Khandelwal & Rounak Doshi i/b. Saraf & Partners, for Respondent (VC). CORAM: SOMASEKHAR SUNDARESAN, J. DATE : DECEMBER 9, 2025 ORAL JUDGEMENT: 1. Having examined the record with the assistance of the parties, and taking the Affidavit-in-Reply dated December 8, 2025 on record, it is apparent that the Concession Agreement dated July 9, 2018, which contains the Arbitration Agreement, had already led to arbitration proceedings earlier, which culminated in an Arbitral Award dated July 15, 2022. Digitally signed by AARTI AARTI GAJANAN GAJANAN PALKAR PALKAR Date: 2025.12.15 12:49:19 +0530 Page 1 of 7 DECEMBER 9, 2025 Aarti Palkar 5.ARP.214.2025.doc 2. In those proceedings, it is the Respondent who was the Claimant, while the Petitioner, who was the Respondent in those arbitral proceedings, had filed a counter-claim in the proceedings. 3. The Respondent indicates that in these proceedings, the Respondent had indeed raised computation of interest amounts that would be payable by the Petitioner. However, while filing the counter- claim in the earlier proceedings, the Petitioner for reasons best known to it, did not raise a claim on interest as part of its counter-claim. This Petition, it is contended, is an attempt to re-open a matter adjudicated long ago and is a second bite at the cherry to re-agitate issues that are incidental to the matters that have already been conclusively and comprehensively adjudicated. 4. The Petitioner contends that the Petitioner has received a