The MIAL had terminated the contract of Celebi’s subsidiary Celebi Nas Airport Services India, which operated at the Mumbai airport. (File phoo)
The Bombay High Court on Friday deferred till July 10, the hearing on the petition filed by subsidiary of Turkey-headquartered airport ground handling services major Celebi, seeking suspension and annulment of the security clearance cancellation by the Bureau of Civil Aviation Security (BCAS).
The HC decided to adjourn the hearing after it was informed that the Delhi HC judgment on the identical challenge was awaited. The BCAS, amid the backlash over Turkey’s support for Pakistan in the India-Pakistan conflict, had last month revoked with immediate effect security clearance of the Indian arm of the Celebi citing ‘national security’.
The revocation led to airports in India where Celebi group operated including Mumbai International Airport Limited (MIAL), terminating their contracts with the group companies, prompting the subsidiaries to approach the courts.
The court was informed that at least seven airports including those in Mumbai, Delhi and Chennai have terminated services of the petitioner.
The MIAL had terminated the contract of Celebi’s subsidiary Celebi Nas Airport Services India, which operated at the Mumbai airport.
A bench of Justices Burgess P Colabawalla and Firdosh P Pooniwalla was hearing writ plea by Celebi Nas against revocation of security clearances.
The Union of India, BCAS, Directorate General of Civil Aviation (DGCA), Airports Authority of India (AAI), and the regional office of the Ministry of Civil Aviation (MoCA) are made respondents in the matter.
The bench noted that the issue raised by petitioner was identical to those raised by its sister concern before the Delhi HC and the same was heard and the judgment was reserved, which will be delivered in due course.
Solicitor General Tushar Mehta representing the Central government submitted that the present writ plea be adjourned till the Delhi HC pronounces its verdict. The court noted that senior advocate Chetan Kapadia for the petitioner Turkish firm “did not seriously oppose Mehta’s request as the decision given by Delhi HC would certainly have bearing on present matter.” The HC will hear the plea next on July 10.
Meanwhile, a single-judge bench of the Bombay HC of Justice Somasekhar Sundaresan on June 13 continued temporary relief granted to Celebi by vacation court.
The vacation bench on May 26 had restrained MIAL from taking a final decision on tenders invited to replace Celebi’s subsidiary till the matter is heard by the regular court. Justice Sundaresan was hearing two applications by Celebi Nas Airport Services India, filed under Section 9 of Arbitration and Conciliation Act against Adani group-owned MIAL seeking annulment of its termination of contracts with the petitioner.
The vacation bench had directed the MIAL that till regular court hears the matter, a final appointment of replacement operator must not be given an effect. Justice Sundaresan has posted further hearing on arbitration pleas to June 17.