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MANMOHAN, MINI PUSHKARNA
Sri Aurea Aviation Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT
Mini Pushkarna, J. (Oral)
CM APPL.52617/2023
1. Exemption allowed, subject to all just exceptions.
2. Accordingly, the present application stands disposed of.
CM APPL.52616/2023
3. Present application has been filed for correction of the order dated 4th September, 2023.
4. Keeping in view the averments in the application, para 3 of the order dated 4th September, 2023 shall now read as under:
"3. Consequently, the present application is allowed and the additional affidavit as well as Annexure R-2/15 is taken on record".
5. Accordingly, the present application stands disposed of.
LPA 696/2022
6. The present appeal has been filed challenging the order dated 15th November, 2022 passed by the learned Single Judge in W.P.(C) 15722/2022 and order dated 21st November, 2022 in Review Petition No. 311/2022. The appellants are Ground Handling Agencies ("GHAs"), being members of an Association namely, Centre for Aviation Policy, Safety and Research ("CAPSR"). They have been operating in different airports across the country rendering Ground Handling Services.
7. Material facts of the present case are as follows:
7.1. The Ground Handling Services of various Airlines operators in different airports
The main legal point established in the judgment is that the rights of existing GHAs to continue providing services were safeguarded by the court's various orders, but the appellants did not have an ....
The judgment established that Ground Handling Agents have no inherent right to continue providing services once a third-party agency has been duly identified in accordance with the applicable regulat....
Existing ground handling agents lack an indefeasible right to operate once new agencies are duly identified in accordance with regulations, even if formal operations have yet to begin.
Tender – Terms and conditions of Invitation to Tender are within domain of tenderer/tender making authority and are not open to judicial scrutiny, same being in realm of contract, unless they are arb....
The court upheld the authority of CIAL to modify tender conditions for ground handling services, emphasizing the need for a competitive environment and the absence of established conflicts of interes....
The prescribed eligibility criteria for ground handling services were found to be arbitrary and discriminatory, violating the principles of fair competition and undermining support for micro and smal....
The Court held that the eligibility criteria prescribed in the impugned RFPs were arbitrary and discriminatory, and violated the principles of natural justice. The Court also held that the tender con....
The court ruled that the respondent can participate in airport tenders despite existing agreements, emphasizing that competition should not be hindered.
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