AIRPORTS AUTHORITY OF INDIA vs MUMBAI INTERNATIONAL AIRPORT LIMITED & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON – 23.01.2025. % PRONOUNCED ON – 07.03.2025. + O.M.P. (COMM) 185/2024 AIRPORTS AUTHORITY OF INDIA .....Petitioner Through: Mr. Tushar Mehta, Learned SGI with Mr. Karan Lahiri, Mr. Prateek Arora, Ms. Rishieka Ray, Advs. versus MUMBAI INTERNATIONAL AIRPORT LIMITED & ANR. .....Respondents Through: Mr. Rajiv Nayar, Sr. Adv with Ms. Niyati Kohli, Mr. Mahesh Agarwal, Mr. Rishi Agrawal, Mr. Pratham Vir Agarwal, Mr. Sanjeev Sheshadri, Advs. HON'BLE MR. JUSTICE DINESH KUMAR SHARMA JUDGMENT S. No Particulars Page Nos. A. Preface 2 B. Factual Matrix 3-13 C. Submissions on behalf of 13-29 Petitioner D. Submissions on behalf of the 29-33 MIAL E. Finding and Analysis 34-67 Signature Not Verified O.M.P. (COMM) 185/2024 Page 1 of 67 Signed By:NIDHI Signing Date:07.03.2025 18:39:50 DINESH KUMAR SHARMA,J : (A) PREFACE: 1. The present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‗Act‘) challenging the impugned arbitral award dated 21.12.2023 as corrected under Section 33 of the Act vide order dated 16.01.2024. 2. Airport Authority of India (hereinafter referred to as ‗AAI‘ or ‗Petitioner‘) is a statutory authority established under the Airports Authority of India Act, 1994, responsible for maintaining and managing civil aviation infrastructure in India. 3. Mumbai International Airport Limited (hereinafter referred to as ‗MIAL‘ or ‗Respondent No.1‘) is a joint venture entity entrusted with the operation, management, and development of Chhatrapati Shivaji Maharaj International Airport, Mumbai ('CSMIA') under an Operation Management and Development Agreement (hereinafter referred to as ‗OMDA‘) dated 04.04.2006 executed between AAI and MIAL. 4. State Bank of India, (h