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2021 Supreme(Mad) 1252

Bhadra International (India) Pvt. Ltd. – Appellant
Versus
Union of India, Rep. by Secretary to Government Ministry of Civil Aviation – Respondent


Advocates Appeared:
For the Petitioner: Mr. P.S. Raman, Senior Counsel for Dr. R. Maheswari.
For the Respondents: Mr. D. Ashok Kumar, Central Government Standing Counsel, Mr. R. Sankaranarayanan, Additional Solicitor General of India Assisted by Mr. Ramasamy Meyyappan.

ORDER :

The petitioner was granted License to carry on the Ground Handling Services to interested Airlines at Airports at Chennai and Kolkata as per the International Standard on 29.11.2010. The License Agreement was entered on that date with contractual terms and conditions. As per Clause 1(a) of the License Agreement, the License commenced on 23.09.2010 for a period of ten years from 23.09.2010 to 22.09.2020 unless terminated earlier under the provisions of that Agreement.

2. The appointment of an agency for Ground Handling Services was made under Airports Authority of India (General Management, Entry for Ground Handling Services) Regulations, 2007 (in short “2007 Regulations”). These Regulations came to be amended / modified periodically and new Regulations were issued. The 2007 Regulations is superseded by Ministry of Civil Aviation (Ground Handling Services) Regulations 2017 (in short “2017 Regulations”). Thereafter, new Regulations viz., Airports Authority of India (Ground Handling Services) Regulations, 2018 (in short “2018 Regulations”) was issued in supersession of 2017 Regulations.

3. As per Regulation 3(4) of 2018 Regulations, at the Airport having annual passenger throughp

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