2020 Supreme(SC) 566
ASHOK BHUSHAN, R.SUBHASH REDDY, M.R.SHAH
Pravasi Legal Cell – Appellant
Versus
Union of India – Respondent
Advocates Appeared:
For the Petitioner(s) Sanjay Hegde, Jose Abraham, M.P. Srivignesh, Blessan Mathews,
For the 952/20 :Ms. Liz Mathew, Ms. Sonal Jain, Advocates
For the 570/20 :C.A. Sundaram, Zafar Inayat, Ms. Rohini Musa, Abhishek Gupta, Ms. Jaikriti S. Jadeja, Rohit Anil Rathi, Advocates
For the Respondent(s):Tushar Mehta, SG Rajat Nair, Adv Kanu Agrawal, Ms. Swati Ghildiyal, Ashok Panigrahi, B.V. Balram Das, Advocates
For the Go Airlines :Arvind P. Datar, Rohan Kelkar, Prateek K Chadha, Advocates
For the Travel Agents Federation of India :Ms. Neela Gokhale, Harshwardhan Bhende, Ms. Anannya Ghosh, Advocates
For the Air India :Ms. Neetica Sharma, For M/s MV Kini & Associates, Advocates
For the SIA :Pinaki Misra, Mohit Singh, Ms. Samridhi Hota, Ms. Kanika Singhal, Turab Ali Kazmi, Ms. Saloni Agarwal, Advocates
For the Spicejet :Atul Sharma, Sanjay Gupta, Uday Gupta, Abhishek Sharma Advocate Ms. Shivani Lal, Ashly Cherian, Hiren Dasan, M.K. Tripathi Advocate Ms. Harshita Agarwal, Vivek Singh, Advocates
For the Air Asia :Pinaki Misra, Amit Kumar Mishra, Shashank Manish, Ms. Smriti Shah, Ms. Twinkle Kataria, Ms. Nidhi Sahay, Advocates
For the Interglobe Aviation :Mukul Rohatgi, Huzefa Ahmadi, Mahesh Agarwal, Ankur Saigal, E.C. Agrawala, Advocates
For the Akhil Bhartiya Grahak Panchayat :Kunal Cheema, Advocate Ms. Aditi Parkhi, Ms. Ankita Agarwal, Ms. Apeksha Rai, Ms. Akansha Rai, Ms. Shweta Yadav, Ms. Yashoda Katiyar, Nandlal Kumar Mishra, Sandeep Mishra, Dr. Ajay Kumar, Dr. Sanjay Gupta, Pramod Kumar, Rajendra Singh Chouhan, Kaushal Yadav, Puneet Jain, Harsh Jain, Harshit Khanduja, Ms. Christi Jain, Advocates
For the 67770-74 :Shirish Deshpande, Pooja Joshi, Dr. Archana Sabnis, Advocates
For the 94426 :A. Karthik, Ms. Anushka Pardikar, Advocates
For the 87839 :Brijesh Saxena, Shail Kumar Dwivedi, Siddharth Krishna Dwivedi, Ms. Vibha Dwivedi, Pallav Shishodia, Ms. Anjana Gosain, Anant Agrawal, Ms. Shalini Nair, Ms. Sweta Rani, Advocates
For the 96770 :Vishnu Kant, Ajay P. Tushir, Aditya C. Boxipatra, Advocates
For the 66553 :Rajinder Mathur, Advocates
For the 94764 :Vikram Hegde, Shantanu Lakhotia, Applicant-in-person, Advocates
JUDGMENT :
R. Subhash Reddy, J.
1. Background facts, and relief sought for, in this batch of cases is similar, as such all these cases are heard together and are being disposed of by this common judgment.
2. The pandemic situation of COVID-19, has adversely affected the economy globally, in several sectors. Our country – India – and civil aviation sector is not an exception to the same. To contain the pandemic situation of COVID-19, first lockdown was imposed by the Government of India, from 25th March 2020 to 14th April 2020. In view of such lockdown, a ban on operation of all domestic and international flights was imposed. The lockdown period was further extended upto 03rd May 2020, with the ban continuing on operation of all domestic and international flights. There was an issue of refund of air fare during the lockdown period, when domestic and international flights’ operation was suspended. The Ministry of Civil Aviation (MoCA), while acknowledging the unusual situation that has arisen due to the lockdown imposed, to contain further spread of COVID-19 and its consequential ef
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