Survee Shidal vs Airports Authority of India

Judgment text excerpt

904-CARBPL-13393-2025-F.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ARBITRATION PETITION (L) NO. 13393 OF 2025 Digitally signed by M/s. Survee Shidal … Petitioner SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR Vs. TALEKAR Date: 2025.07.01 21:17:43 +0530 Airports Authority of India .. Respondent Mr. Karl Tamboly a/w. Kevin Pereira and Samiksha Rao i/b Viraj Jadhav, for Petitioner. Mr. Pravin Samdani, Senior Advocate a/w. Shilpa Kapil, Chidanand Kapil, Chandni Bavishi and Priti Karbhai, for Respondent AAI. CORAM : SOMASEKHAR SUNDARESAN, J. Date : June 23, 2025 Oral Judgement: 1. This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”). The disputes and differences between the parties have arisen in connection with a Concession Agreement dated March 15, 2024 between the Petitioner and the Respondent, Airports Authority of India (“AAI”). The Concession Agreement is scheduled to run for a period of seven years after an initial gestation period of 60 days. It is evident that the Concession Agreement was meant for the Petitioner to run a restaurant / “hang-out” over property at the Juhu Airport, admeasuring approximately 6301 sq. mtrs. and the operation of the restaurant commenced sometime in 1 The record has variations in the entitlement – a map annexed by the AAI indicates the area Page 1 of 16 June 23, 2025 Shraddha 904-CARBPL-13393-2025-F.doc September 2024. The Concession Agreement contains an arbitration agreement. 2. By a notice dated March 22, 2025 (“ Termination Notice”), the AAI issued a termination notice essentially stating that the land for which the contract was executed between the parties for operating the restaurant /hangout facility / outlet was strictly con