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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD, J
LAS GROUND FORCE PRIVATE LIMITED & ANR. – Appellant
Versus
GOLDAIR HANDLING SA – Respondent
| Table of Content |
|---|
| 1. scope of arbitration under the act. (Para 1 , 2 , 3) |
| 2. implications of shareholders' agreement. (Para 10 , 11 , 12) |
| 3. balancing competition and existing contract rights. (Para 25 , 34) |
JUDGMENT :
SUBRAMONIUM PRASAD, J.
1. The present applications under Section 9 of the Arbitration and Conciliation Act, 1996 has been filed seeking directions to restrain the Respondent from participating in the tender process for Ranchi and Vijayawada Airports initiated by Airport Authority of India (“AAI”) vide Notification dated 22.10.2024 and 23.10.2024 and for restraining the Respondent from participating in any tender process for Ground Handling Services at any Airport managed by the AAI.
2. Since the reliefs sought for in both the Petitions are common and the counsels appearing for the parties are the same, both the Petitions are being heard together with the consent of the parties.
3. Arguments have been primarily addressed in O.M.P.(I) (COMM.) 385/2024. The facts, in brief, leading to the filing of O.M.P.(I) (COMM.) 385/2024 are as under:-
a. It is stated that in 2018-2019, the Petitioner No.1 and the Respondent decided to collaborate for providing Ground Handling Services at var
The court ruled that the respondent can participate in airport tenders despite existing agreements, emphasizing that competition should not be hindered.
Point of Law : Arbitration - Concession Agreement – Maintainability of writ - Power under Article 227 of Constitution in a rare and exceptional circumstance - When an alternative and efficacious reme....
The encashment of a performance bank guarantee does not require proof of loss, but must comply with the contract's terms; failure to evaluate these terms constitutes patent illegality.
The court held that the petitioner was not required to submit a no-due certificate as they did not meet the definition of an affiliate or concessionaire under the tender documents.
(1) Appointment of Arbitrator – Referral Court should be prima facie satisfied that there exists arbitration agreement and as to whether non-signatory is a veritable party.(2) Mere legal or commercia....
Judicial review in tender matters is limited, emphasizing the principles of non-arbitrariness and fair play while maintaining the commercial discretion of tender authorities, especially in internatio....
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